A High Court judge has dismissed a landmark case filed by Kisii tea farmers, ruling that market forces, not malice, dictated the contentious 2024/25 bonus rates.

The ruling is a crushing defeat for thousands of smallholder farmers from the West of Rift, who had sued the Kenya Tea Development Agency (KTDA) for what they termed "economic apartheid." The farmers argued that receiving KSh 24 per kilo while their counterparts in Mt Kenya earned up to KSh 60 was a violation of Article 27 of the Constitution.

The Anatomy of the Dispute

Justice Lawrence Mugambi, in his judgment, stated that the court cannot legislate the laws of supply and demand. He accepted KTDA’s submission that the disparity was driven by the quality of the green leaf and the auction prices realized by different factories. The "West of Rift" teas, according to KTDA, consistently fetch lower prices at the Mombasa Auction compared to the premium grades from the East.

This legal battle has exposed the deep fissures in Kenya’s KSh 140 billion tea sector:

• The Quality Question: KTDA presented data showing that factories in the West had higher operational costs and lower tea quality scores, directly impacting the distributable income.
• The Political Angle: Leaders from Nyamira and Kisii have accused the agency of historical neglect, claiming that the "quality" argument is a convenient excuse to marginalize the region.
• The Fallout: The dismissal is likely to trigger a wave of tea hawking, as frustrated farmers sell their green leaf to private brokers for instant cash rather than wait for "discriminatory" bonuses.

A Sector in Crisis

The judgment comes at a time when the tea sector is facing headwinds from the strengthening shilling and global shipping disruptions. For the farmers in Kisii, the court’s decision is not just a legal loss; it is a sentence to poverty. Many had taken loans against the expected higher bonus, and the default rates in local SACCOs are now projected to soar.

While the gavel has fallen, the grievance remains. The farmers have vowed to appeal, warning that if the courts cannot give them justice, they might uproot the bushes that have anchored their economy for decades.