Lawyers acting for the tea pickers have won an order from the court, Scotland’s highest civil court, telling James Finlay Kenya Ltd (JFK) to abandon efforts to block the suit through the Kenyan courts. The judge, Lord Braid, condemned the company’s “outrageous and oppressive” practices in trying to derail the claim. Finlays, an Aberdeen-registered multinational whose estates in Kericho, Kenya span 10,117 hectares (25,000 acres), is one of the world’s largest suppliers of tea and coffee and includes flagship stores such as Tesco, Sainsbury’s and Starbucks . customers. The company has championed its health and safety record and carries the Fair Trade mark on its products, as well as certifications from the Soil Association and the Rainforest Alliance. On its company website, Finlays describes its Kenya estates as “a thriving community of thousands of workers and people and their families who live, work and study there”. But in earlier testimony, the workers alleged that the oppressive working conditions caused them significant and permanent musculoskeletal damage. They said they had to work up to 12 hours a day in a six-day week, carry up to 26 pounds of tea leaves on their backs up rough slopes, and in some cases meet a weight goal of 66 pounds of tea a day or not are paid. This work, as well as the prolonged bending, twisting and reaching required to pick the tea leaves, is claimed to have accelerated the aging of the pickers’ spines by up to 20 years. JFK initially sought to stop the suit from proceeding in Scotland and more recently pursued injunctive action in Kenya, arguing that Scotland’s claim was an attack on Kenya’s sovereignty. But the workers’ lawyers argued that JFK had engaged in a “deliberate campaign to defeat the ends of justice and cause distress.” The pickers’ lawyer, Patrick McGuire of Thompson, said the claim was based on a combination of “oppressive” working conditions and a pay model often based on impossible collection targets. Underscoring the importance of the case continuing in Scotland, he added: “These workers will not be able to seek justice or pursue compensation in the Kenyan courts. There are no class actions or legal aid there and lawyers can offer no win, no fee arrangement.” He said he hoped the landmark proceedings would have an impact on the industry more broadly: “This is about shining a light on what is happening on these farms. Any company operating in this area needs to take a long look at their practices.” Archie Bland and Nimo Omer take you to the top stories and what they mean, free every weekday morning Privacy Notice: Newsletters may contain information about charities, online advertising and content sponsored by external parties. For more information, see our Privacy Policy. We use Google reCaptcha to protect our website and Google’s Privacy Policy and Terms of Service apply. JFK has been reached for comment. The company’s argument that Scottish courts do not have jurisdiction over work injury claims in Kenya will be heard in court at a later date.
