Kenya tea workers case to be heard in Scotland in ‘huge victory’

The Aberdeen-based company, supplying giants like Tesco and Sainsbury’s, denied accusations of “unsafe” working conditions and sought to have the case heard in Kenya.

Lord Weir, however, held that the case will proceed in Scotland. Lawyers for the workers voiced concerns that a Kenyan trial would risk an unjust outcome. The firm is separately facing criticism in Kenya for alleged exploitation of tea-pickers with low pay rates.

James Finlay said the proper venue for the allegations is Kenya and that it was “therefore reviewing Lord Weir’s judgment and deciding on appropriate steps”. It is alleged that workers endured dangerous conditions causing permanent spinal damage.

The workers also alleged routine administration of painkillers by company representatives without ascertaining their necessity. Tea-pickers, earning £25 weekly for 12-hour days, were expected to carry two stones (12 kilos) of tea for over half a mile on challenging terrain. Occasionally, pickings weighed as much as five stones (30kg). These working conditions allegedly led to increased risk of falls and extended periods of strenuous physical labour.

The case argues that such conditions, if found in the UK, would likely result in immediate business closure by the Health and Safety Executive.

Lawyers for James Finlay maintained that the Kenyan Work Injury Benefits Act 2007 (WIBA) should apply and that a judgment delivered outside WIBA’s provisions “has been held by the Kenyan courts to be a nullity”. They argued that the case would be more suitably tried in Kenya, reflecting the interests of all parties and justice.

However, lawyers for the workers said that WIBA is a dispute resolution process, not a judicial scheme, and the prospect of obtaining “substantial justice” in Kenyan courts was “no prospect”.

Patrick McGuire, partner at Thompsons Solicitors and lawyer for the workers, emphasised that companies based in Scotland are obliged to maintain the safety of their employees worldwide. He called on James Finlay to “do the right thing and pay fair and just compensation to all of the claimants in these group proceedings”.

In order to assess the claims, an Edinburgh professor of orthopedics travelled to Kenya, claiming evidence of spinal injuries among the workers that has aged their backs by up to 20 years.

The case, filed in Scotland by Nairobi law firm Ronald K Onyango Advocates and its Scottish agents, Thompsons, alleges the workers’ loss and injuries were due to the company’s negligence.