The High Court in Kericho has suspended the swearing-in of John Chebochok as Toror/Tegat Tea Factory Limited Director.
Justice Joseph Sergon issued the orders following a petition filed by five non-governmental organisations.
Chebochok was implicated in a sex-for-work scandal by a report by the BBC.
On February 20, 2023, BBC News Africa aired a documentary titled “Sex for Work: The True Cost of Our Teae,” which exposed Chebochok for abusing his power and office. The documentary revealed that he sexually exploited women who worked and those who sought employment at Finlays Company.
Sergon suspended the factory’s Annual General Meeting scheduled for July 18 to swear in Chebochok.
“In the meantime, the AGM scheduled for July 18, 2024, to swear in Mr John Chebochok into office as a director is suspended,” ordered the court.
The judge clarified that the holding of the AGM is not entirely suspended, but it is barred from approving the appointment of Chebochok.
He ordered parties in the matter to file their written submissions within six days, adding that he would deliver a ruling on August 15.
The organisations under the coalitions of organisations working on sexual violence in Kenya through lawyers Cherono Gloria, Amazon Koech, William Arusei, Julia Kiget, George Sunkule, and Naima Kirui want the court to declare that Chebochok is unfit to hold any public office.
Usikimye CBO, Wangu Kanja Foundation Registered Trustees, Oxfam, The African Gender and Media Initiative Trust Registered Trustees, and Flone Initiative filed the suit.
Usikimye is a community-based organisation working towards ending the prevalence of sexual and gender-based violence.
Wangu Kanja Foundation is a non-profit organisation that provides survivors of sexual and gender-based violence with access to medical, psychological, psychosocial, and legal redress.
Flone Initiative is a women-led organisation working towards the creation of safe, sustainable and accessible public transportation spaces for women.
Chebochok, Tegat Tea Factory Limited, Kenya Tea Development Agency, Tea Board of Kenya, and Independent Electoral and Boundaries Commission have been named respondents. Law Society of Kenya and Kenya National Commission on Human Rights, among others, are interested parties.
The organisations said the petition concerns the plight of many Kenyan women who were sexually exploited and molested by Chebochok and that the court should declare he was unfit to hold public office.
The organisations said there is an ongoing investigation at Kericho Police Station and a case at the HIV Tribunal against him. The organisations added that Finlays acknowledged the allegations raised against Chebochok and fired him.
Tegat Tea Factory Limited, Kenya Tea Development Agency, Tea Board of Kenya, and Independence Electoral and Boundaries Commission cleared him to vie despite the allegations raised.
The coalitions of organisations working on sexual violence said they wrote a complaint letter to the Tea Board of Kenya protesting the clearance of Chebochok to vie.
They said the Board wrote to the Independent Electoral and Boundaries Commission seeking to postpone the declined election request.
As per the petition, Tegat Tea Factory, Kenya Tea Development Agency, Tea Board of Kenya, and IEBC failed to uphold the Constitution in clearing Chebochok to contest the directorship position.
The coalition wants the court to declare that Chebochok’s previous conduct violates the Constitution and is ineligible to contest for any public office.
