KTDA Directors Refuse To Allow An Arrest During A DCI Investigation

The Kenya Tea Development Agency (KTDA) is in jeopardy again after court documents revealed a dispute between the company’s directors and investigators over an ongoing investigation.

On March 28, 2023, High Court Judge Hedwig Ong’udi issued orders prohibiting the Directorate of Criminal Investigations (DCI) from detaining KTDA representatives. In an effort to stop investigations that it claims are a part of a harassment campaign against the present Board of Directors, the company has filed lawsuits against the DCI and the National Police Service (NPS).

In its lawsuit, the KTDA asserts that the latest inquiry is related to a protracted battle for control of the organization that holds the multibillion-shilling interests of over 600,000 smallholder farmers between former and present directors. Before scheduling a hearing date, Justice Ong’udi will discuss the matter on May 15, 2023, to ascertain that all parties have submitted their respective documents.

This honorable court hereby issues a conservatory order prohibiting the first and second respondents (DCI and NPS) from enforcing, demanding, and/or effecting arrests of the officers and staff of the petitioners (KTDA and KTDA Management Services Ltd), the subject of the contents of the DCI’s letter dated January 12, 2023, and February 21, 2023, as stated in the inter-partes hearing and determination of the petition filed herewith. DCI and NPS have not yet submitted their answers to the lawsuit. Detectives summoned some members of the current Board of Directors and wanted many documents outlining KTDA’s spending.

The personal assistants of CEO Wilson Muthaura, Thomas Muriithi and Ann Gicheha, are among those who have been called in.Others include Grace Korir, who works for human resources, and the finance and accounts officers Jeff Mesocho, Geoffrey Rotich, Churchill Asega, and Simon Rugut. The DCI had also summoned PriceWaterhouseCoopers auditor Kange Saiti and administrative manager Kenneth Rotich. Mr. Odero contends that the questions the DCI had posed in earlier correspondence had previously received a written response from the KTDA’s attorneys.

The personal assistants of CEO Wilson Muthaura, Thomas Muriithi and Ann Gicheha, are among those who have been called in.

Others include Grace Korir, who works for human resources, and the finance and accounts officers Jeff Mesocho, Geoffrey Rotich, Churchill Asega, and Simon Rugut. The DCI had also summoned PriceWaterhouseCoopers auditor Kange Saiti and administrative manager Kenneth Rotich. Mr. Odero contends that the questions the DCI had posed in earlier correspondence had previously received a written response from the KTDA’s attorneys.

He continues by pointing out that the DCI did not explain in the letters why investigators want to question a certain subset of board members, which the KTDA company secretary claims violates the standards of impartial administration.