Court Issues Way Forward on KTDA CEO Recruitment

The Employment and Labour Relations Court has declined to temporarily suspend the ongoing recruitment of a substantive Group Chief Executive Officer at the Kenya Tea Development Agency (KTDA), dealing a blow to the petitioner in the case.

In its directives, the Employment and Labour Relations Court declined to grant the conservatory orders, directing the petitioner, Javan Onyango, to serve all the respondents in the matter before the inter partes hearing set for February 17.

The judge in the matter ruled that the orders being sought by the petitioner directly affected the employer’s administrative authority, noting that “the petitioner’s prayers amount to the influence of the managerial powers of the employer.”

The court also emphasized procedural fairness in its directive, stating, “The court cannot issue such orders ex parte.”

Claims of Due Process Violations

In his petition, Mr. Onyango claims that there was a violation of due process in the transition of leadership at the agency.

Mr. Onyango argues in his petition that former Group CEO Wilson Muthaura was required to go on terminal leave on January 16, 2026, as he had reached the retirement age of 60.

He argues that this was done, “without any attempt to recall him or afford him due process contrary to Section 28 of the Employment Act, 2007,” without considering, “any extension mechanisms provided for in Section 80(2) of the Public Service Commission Act, 2017, and accompanying regulations.”

“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 similar circumstances, constitutes arbitrary and discriminatory treatment in violation of Article 27 of the Constitution and lacks any rational or legitimate public purpose,” he said.

Also Read: KTDA Appoints Acting CEO Following Wilson Muthaura’s Exit After Five-Year Tenure

Questionable Appointment and Recruitment Process

The petitioner avers that the agency went ahead and appointed Francis Miano as the Acting Group CEO and then advertised the position in January 2026 without adhering to constitutional and statutory provisions.

He argues that instead of adhering to internal succession plans, the organization unilaterally initiated the recruitment process, “without any stakeholder consultation, transparency, or public participation as required under Article 232(1)(f) of the Constitution and Section 5 of the Tea Act.”

“That no meaningful consultation was held with smallholder tea farmers, farmer-elected directors, and the relevant Ministry of Agriculture and Livestock Development before the decision to bypass the acting CEO, the appointment of the acting CEO, and the commencement of the recruitment process, thus violating the principles of participatory governance as provided in the Tea Act, 2020, and Article 10 of the Constitution of Kenya,” he said.

Also Read: KTDA Announces Monthly Payment Rate

Mr. Onyango also asserts that the Group Finance and Strategy Director, Simon Rugut, was bypassed on the basis of being on “approved leave,” a reason he says is improper and illegal.

Mr. Onyango says the recruitment process is “founded on unlawful grounds of selective retirement enforcement and arbitrary bypassing of others and, if not stopped, the petition would be rendered nugatory.”

“The petitioner avers that if this impugned decision is not halted, it will entrench these unconstitutional actions and cause irreversible institutional harm,” he said.

The petitioner also argues that the contested actions undermine constitutional guarantees on equality, fair labour practices, and fair administrative action, with potential consequences for more than 600,000 smallholder tea farmers who depend on the agency and for Kenya’s position as a leading foreign exchange earner.

The matter will now proceed to a full hearing after service of court documents on all parties.

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KTDA Office Building. PHOTO/ File