LETTER: FIDA-Kenya letter to KTDA CEO, Mr wilson Muthaura regarding the election of Mr. John Chebochok as a director of KTDA

1. Mr. Wilson Muthaura,
   CEO & MD – KTDA,
   Majani Plaza, Koinange Street,
   P.O. Box 30213 – 00100,
   Nairobi, Kenya.

Dear Mr. Muthaura,

Subject: Concerns Regarding the election of Mr. John Chebochok as a Director of KTDA

Greetings from the Federation of Women Lawyers in Kenya (FIDA-Kenya).

FIDA-Kenya is a premier women’s rights organization in Kenya that has offered free legal aid services to women in Kenya for the past 39 years to safeguard their constitutional rights. FIDA-Kenya has handled more than 3 million cases since its inception. We are committed to creating a society that respects and upholds women’s rights with a mission to promote women’s individual and collective power to claim their rights in all spheres of life. FIDA-Kenya is a membership organization with over 1,400 women advocates and lawyers in Kenya.

I am writing to you as the Chairperson of the FIDA-Kenya board. FIDA-Kenya is deeply concerned about the recent developments concerning Mr. John Chebochok, a former James Finlay & Co employee, and who has since been elected as a KTDA Director at Toror Tea Factory within Ainamoi Zone amidst protests from numerous women rights organizations.

On 20th February 2023, BBC Africa aired an exposé titled “Sexual abuse on Kenyan tea farms uncovered,” where Mr. Chebochok was captured on camera soliciting sexual favours from a woman whose identity was concealed to preserve her privacy in exchange for employment at the Finlay & Co tea firm which resulted in his subsequent termination from the company. Informants in the documentary also alleged that this was not an isolated event implicating Mr. Chebochok.

It is troubling to learn that despite these serious allegations and subsequent dismissal, Mr. Chebochok was elected on 28th June 2024 as a director to represent KTDA. In addition, we have extensively worked in Kericho County, specifically with women tea workers; thus, we are well versed in the endemic behaviour of sexual harassment of workers which has resulted in untold psychological, emotional and physical trauma and anguish. It is based on this background and organizational experience that FIDA-Kenya unequivocally asserts that it is UNACCEPTABLE for KTDA to have approved the election of Mr. Chebochok as a Director. Further, this election of a known sexual perpetrator to the leadership of your institution demonstrates that KTDA is complicit is upholding and safeguarding the rights of women workers who form the majority of the labour force in the tea farms.

In light of these concerning developments, FIDA-Kenya would like to seek clarification and reassurance from you as follows:

1. 1. Is KTDA aware of the BBC documentary and the allegations against Mr. Chebochok? Did you get an opportunity to review the evidence presented in the exposé?
2. 2. What were the grounds on which KTDA cleared Mr. Chebochok to seek election, considering the severe nature of the allegations against him?
3. 3. How does KTDA plan to ensure the safety and protection of women working in the tea factory with Mr. Chebochok serving as a Director with the imminent risk of victimization of the women who spoke out against his conduct?
4. 4. Is KTDA aware that the election of a person facing allegations of sexual harassment is contrary to the provisions of the Public Officer and Ethics Act in Kenya?
5. 5. How does KTDA demonstrate its commitment to promoting and safeguarding women’s rights within the tea industry? Do you have any ongoing training and support that KTDA provide to prevent sexual harassment and support affected individuals given that there is a known perpetrator who has been elected into office?

FIDA-Kenya believes these questions are vital to addressing the serious concerns surrounding Mr. Chebochok election as a director and ensuring the safety and dignity of women tea workers. As an organization dedicated to the welfare of women tea workers, we expect a response addressing our concerns above and outlining the steps KTDA will take to safeguard against such issues. Further, do note that FIDA-Kenya will not hesitate in taking actions against Mr. Chebochok and KTDA for being in violation of the Constitution of Kenya 2010 and the Public Officers and Ethics Act including calling for a national and global boycott of all tea products from Kenya until this matter is addressed.

We look forward to your speedy response.

Sincerely,

Christine Kungu
FIDA-Kenya Chairperson

CC.
The Cabinet Secretary,
Ministry of Agriculture and Livestock Development
NAIROBI

The Chairperson,
Ethics and Anti-Corruption Commission (EACC)
NAIROBI

The Chairperson,
The National Gender and Equality Commission (NGEC)
NAIROBI