Legal ForumExample Category: LSK Kajiado ForumCourt Upholds Dismissal of Tea Pl …Post Reply

Post Reply: Court Upholds Dismissal of Tea Plantation Manager Accused of Sexual Harassment

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 29, 2025, 1:27 pm</div><div id="pl-7277"  class="panel-layout" ><div id="pg-7277-0"  class="panel-grid panel-no-style" ><div id="pgc-7277-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7277-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
			class="so-widget-sow-editor so-widget-sow-editor-base"
			
		>
<div class="siteorigin-widget-tinymce textwidget">
	<p dir="ltr" data-pm-slice="1 1 []">A Kenyan court has upheld the termination of a senior manager employed by a Dutch multinational firm, following allegations of sexual harassment exposed by a BBC investigation. The ruling, delivered on July 24, 2025, in Kericho County, reinforces efforts to address workplace misconduct in the tea industry, a vital sector of the national economy.</p>
<p dir="ltr">The Employment and Labour Relations Court, presided over by Judge Anne Ngibuini Mwaure, dismissed the reinstatement plea of Robert Cheruiyot, the assistant divisional manager at Lipton Teas and Infusions PLC. Cheruiyot had sought either reinstatement or compensation of Sh67.2 million for loss of future earnings. The court found that the company, formerly known as Ekatera Tea Kenya, had valid grounds to terminate his employment after a BBC exposé in May 2023 highlighted alleged sexual harassment on its tea estates. The judge ruled that the company adhered to procedural fairness during the disciplinary process and that evidence of Cheruiyot’s misconduct was proven on a balance of probability.</p>
<p dir="ltr">The case stems from a BBC investigation that uncovered a pattern of sexual exploitation, with undercover footage allegedly showing Cheruiyot pressuring female employees and job seekers for favors. The exposé prompted the company to suspend him and report the matter to the police, though no arrests have followed due to victims’ reluctance to provide formal statements. The court noted that Cheruiyot failed to prove his dismissal was unconstitutional, unfair, or unlawful. He joined the company in February 2015 and claimed the disciplinary process was rushed, culminating in his termination via WhatsApp message on May 8, 2023, while an investigation into his workplace relationship was pending.</p>
<p dir="ltr">The ruling underscores the company’s zero-tolerance stance on sexual harassment. Lipton Teas and Infusions PLC conducted a thorough disciplinary process, allowing Cheruiyot to present his defense. The judge expressed confidence in the multinational’s compliance with labor standards, dismissing claims that the process was biased. Cheruiyot’s assertion that he was unfairly targeted during an ongoing investigation into a workplace relationship was not substantiated, according to the court.</p>
<p dir="ltr">This decision highlights ongoing challenges in Kenya’s tea industry, where power imbalances often leave workers vulnerable. The BBC investigation revealed systemic issues, including coercion and exploitation, affecting many women employed by plantations supplying major international brands. In response, the company has introduced measures such as improved reporting mechanisms and employee support services. Its operations are also transitioning to Browns Investments Plc, a Sri Lankan firm, amid efforts to enhance workplace protections.</p>
<p dir="ltr">The ruling has broader implications for labor rights in Kenya. The government has pledged to audit labor practices in the agricultural sector, focusing on compliance with national and international standards. Human rights advocates welcome the decision as a step toward accountability but emphasize the need for stronger support systems to encourage victims to report abuses without fear of reprisal. The case has also spotlighted the role of international media in driving corporate accountability, with major retailers reviewing their supply chains following the exposé.</p>
<p dir="ltr">For Cheruiyot, the court’s decision ends his legal challenge, though it raises questions about the adequacy of workplace investigations and communication. The tea industry now faces pressure to implement lasting reforms to prevent similar incidents. As Kenya balances economic growth with worker welfare, this ruling serves as a reminder of the judiciary’s role in upholding justice and fostering safer workplaces.</p>
<p>Read the full Judgment <a href="https://lawguide.co.ke/wp-content/uploads/Cheruiyot-v-Lipton-Teas-and-Infusions-Plc-Formerly-Ekatera-Tea-Kenya-Plc-Employment-and-Labour-Relations-Cause-E016of2023-2025KEELRC2191KLR-24July2025-Judgment.pdf"><span style="text-decoration: underline;">here</span></a>.</p>
</div>
</div></div></div></div></div></blockquote><br>

Cancel

Legal Forums

Post Reply: Court Upholds Dismissal of Tea Plantation Manager Accused of Sexual Harassment

Recent Posts

Crisis at Kenyatta National Hospital: Senators Demand Action on Overcrowding and Security Failures

Court Orders Equal Pay for UHC Nurses Amid Absorption Plan