The Employment and Labour Relations Court in Nairobi has ordered the suspension of the appointment of a new Group Chief Executive Officer (CEO) at Kenya Tea Development Agency (KTDA) Holdings Limited.
The orders will remain in force pending the hearing and determination of a petition challenging aspects of the recruitment process.
"In the interim, stay of appointment of the CEO is ordered pending Judgement," ruled Justice Jemimah Wanza.
The petition was filed by Javan Onyango, a resident of Kericho County, through his lawyer, Vincent Kipronoh Ngetich, who raised concerns regarding the process followed by the KTDA board in advertising and appointing the CEO position.
According to the petition, the advertisement for the role was published on January 19, 2026, and the petitioner seeks to ensure that the process aligns with principles of fairness, transparency, and proper stakeholder engagement.
The petition specifically highlights concerns around the succession arrangements following the retirement of Wilson Muthaura, the former Group CEO, and the appointment of Eng. Francis Miano as Acting Group CEO.
"That on or about 16th January 2026, the 1st Interested Party Mr.Wilson Muthaura the then Group Chief Executive Officer of KTDA, was forced into terminal leave upon attaining the age of 60 years pursuant to the mandatory retirement age provisions of the Public Service Superannuation Scheme Act, 2012, without any consideration of extension despite the availability of provisions for rare expertise or public interest under Section 80(2) of the Public Service Commission Act, 2017 and PSC Regulations, 2020," he argues.
"That the selective enforcement of the retirement age against the said Wilson Muthaura without extension, while no similar strict application was applied to prior executives in comparable circumstances, constitutes arbitrary and discriminatory treatment in violation of Article 27 of the Constitution and lacks any rational or legitimate public purpose."
He argues that Simon Rugut, the Group Finance & Strategy Director, was considered the designated successor under KTDA’s 2017 Group Structure and internal succession protocols, and raises questions about the due process in application of these arrangements in the current transition.
The petitioner also emphasises the importance of stakeholder participation, including engagement with smallholder tea farmers, who rely on KTDA operations for their livelihoods and contribute to the sector’s role as a significant foreign exchange earner for Kenya.
"That unless this Honourable Court intervenes urgently by halting the tainted recruitment process and compelling production of all relevant records, irreparable harm will be occasioned to the Petitioner, the Interested Parties, over 600,000 smallholder tea farmers, and the national economy, as a potentially unlawful appointment will entrench discrimination, procedural unfairness and institutional instability in KTDA," he states.
The petition calls on the court to ensure that governance and recruitment practices are consistent with constitutional principles, including equality, fair labour practices, and transparency.
In her ruling, Justice Keli granted the petitioner 21 days to file submissions, with the respondents allowed to file amended replies.
The interim order suspends any further steps in the CEO recruitment process until the court issues a final decision.
The court set a mention before the Deputy Registrar on April 20, 2026, to confirm compliance and schedule the judgment date.
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