Kericho, Kenya
On 19th February 2026, the Kericho High Court delivered a landmark judgement[1] that upheld the rights of women by declaring the 1st Respondent, Mr. John Chebochok unfit to hold any public office in Kenya based on allegations of sexual violence. ISLA acting as advisor to Counsel to advocates for the Kenya Legal and Ethical Issues Network on HIV/AIDS (KELIN), the 10th Interested Party appeared before the High Court in Kericho, Kenya in Petition E006 of 2024 – Usikimye CBO and 4 Others v John Chebochok and Others[2].
Facts of the Case
The Petitioners in this case sought orders barring the nomination and election of the 1st Respondent as a Director in of the Tegat Tea Factory Limited Board of Directors, following the explosive BBC Africa Eye exposé, “Sex for Work: The True Cost of Our Tea[3].” The Respondents in this case including, the Kenya Tea Development Agency, the Tea Board of Kenya and the Independent Electoral Boundaries Commission bore a statutory duty of conducting the free and fair nomination and election of officers to serve in the Board of Directors of smallholder tea companies in Kenya. The Petitioners sought to hold the Respondents liable for failing to act with due regard to their duty to ensure all the elected officials are held to a constitutional standard of integrity and leadership as set out in Chapter 6 of the Constitution of Kenya, 2010.
This case drew attention to the widescale sexual harassment and sexual violence experienced by women working in tea farms in Kenya. The sexual violence women face on tea farms is widely documented and various interventions have been made in the last decade by various multi-nationals to this effect. However as evidenced by the documentary by BBC and witness evidence tendered in the course of the Petition, sexual violence against women continues to be the status quo. Specific concern in the case is raised as to the role of local smallholder tea companies, the Kenya Tea Development Agency and the Tea Board of Kenya in the protection of women from violence on tea farms in Kenya.
Interested Party Submissions
ISLA and KELIN highlighted the institutionalized, systemic and widespread nature of the violence faced by women by tea farms. The submissions highlighted the disproportionate nature effect of the violence faced by women in the tea sector, bringing to the Court’s attention that this amounts to discrimination. This is contrary to Kenya’s constitution and regional and international law that Kenya is party to. Further ISLA and KELIN demonstrated the due diligence obligation of the Respondents in protecting women from violence, and the need for the Court to hold the Respondents accountable for failing to protect women workers in the tea sector and failing to put in place effective measures for the punishment of known perpetrators. Per domestic, international and regional law, the Respondents are required to put in place, safeguards, policies administrative and all available measures to prevent violence against women and in the event it occurs, respond by centering victims and providing effective redress measures.
In holding the petition meritorious in its judgement, the Court issued orders and declarations:
(i) A declaration is made that the 1st Respondent violated Articles 10 (2), 26, 28 and 73 of the Constitution and is therefore unfit to hold any public office in the Republic of Kenya.
(ii) A declaration is made that the decision by the 2nd, 3rd 4th and 5th Respondents to clear the 1st Respondent to contest for the Director of Tegat/Toror Tea Factory, Ainamoi Zone and the election of the 1st Respondent to the said position did not adhere to the standards, values and principles set out in Articles 10(2), 26, 28, and 73 of the Constitution and is therefore unconstitutional, illegal and therefore a nullity.
(iii) A conservatory order is issued restraining the swearing into office of the 1st Respondent as the Director of Tegat/Toror Tea Factory, Ainamoi Zone.
Elsie Milimu, KELIN’s counsel on record, welcomed the judgement particularly considering the recent sexual harassment allegations against senior Law Society of Kenya officials. She noted that although this decision underscores the importance of preventing individuals accused of sexual violence from holding influential positions, there are key structural and policy reforms that need to be put in place to prevent and protect women from widescale sexual harassment and sexual violence experienced in workplaces beyond tea farms in Kenya.
Feminist Litigation Network
This case is part of ISLA’s commitment to creating social change through litigation which is advanced through the Feminist Litigation Network. The FLN is dedicated to creating a pool of African feminist litigators and strengthening the institutional capacity of its partners to pursue feminist strategic litigation. Through long term support, collaborative case creation and movement cooperation, the FLN promotes the development and enhancement of strategic litigation units, empowers network lawyers to litigate from a feminist lens and facilitates cross-learning among partners. This case exemplifies the systemic work that the FLN aims to support, enabling legal interventions that entrench gender norms. ISLA remains committed to collaborating with feminist lawyers, movements and organisations to dismantle legal barriers that perpetuate inequality while expanding rights through feminist legal practice and theory.
The interested party in Court were represented by Achieng Orero, Nyokabi Njogu and Elsie Milimu who are alumni of ISLA’s Feminist Litigation Network. The Initiative for Strategic Litigation in Africa (ISLA) acted as advisor to counsel.
End.
Join the conversation on social media by following:
#TheTrueCostofOurTea
#SurvivorsVoicesMatter
#JusticeforSurvivors
#EndVAW
For further enquiries kindly contact:
Achieng Orero
Violence Against Women Lawyer, ISLA
Elsie Milimu
Program Officer, Sexual and Reproductive Health Rights, KELIN
Case tracker: https://www.kelinkenya.org/tag/e006/
[1] PETITION E006 of 2024 – Judgement.pdf
[2] https://www.kelinkenya.org/tag/e006/
[3]https://www.youtube.com/watch?v=1wMdnCx6eUc&t=162s&pp=ygVBQkJDIEFmcmljYSBFeWUgZXhwb3PDqSwg4oCcU2V4IGZvciBXb3JrOiBUaGUgVHJ1ZSBDb3N0IG9mIE91ciBUZWE%3D
