Kenya Tea Development Agency (KTDA) chief executive Lerionka ole Tiampati, company secretary John Omanga and four directors of Kiru Tea Factory were yesterday fined Sh400,000 each for contempt of court.
They have a seven-day ultimatum to settle the fine and in default, serve a seven-month jail term. The fate of the six officials hangs in the balance because anyone who is convicted and jailed beyond six months cannot hold public office.
Appellate judges William Ouko, Fatuma Sichale and John Otieno-Odek decried wanton rivalry for leadership of the 8,000-member factory in Murang’a county and said there were legal mechanisms for removal of directors instead of resorting to “uncivilised” behavior.
The Bench said obedience of court orders was the cornerstone of the administration of justice and punishment was meant to maintain the dignity of courts.
Senior Counsel Paul Muite, assisted by lawyer Kithinji Marete, for the tea factory, had demanded six-month jail terms for each of the officials.
The judges rejected a plea by lawyers Waweru Gatonye, Benson Milimo and James Ochieng to suspend the proceedings for 21 days to enable them challenge the conviction of the six officials before the Supreme Court. The urgent application was placed before Chief Justice David Maraga for directions.
Last week, the aggrieved officials suffered a technical blow when the court rejected their application seeking to nullify a February 22 decision that found them guilty of willful disobedience of court orders that stopped them from interfering with the leadership and management of the tea factory.
The six officials had flouted sanctions imposed on December 6 and 21, 2017 against KTDA and its management from conducting any meetings or causing the nomination of factory directors pending an appeal challenging the alleged ouster of its chairman Chege Kirundi and company secretary Bernard Kiragu. The other officials in the firing line were Stephen Maina, Eston Gakungu, Peter Kinyua and Francis Macharia.