Kenya High Court Bars Probes into KTDA Tea Loans and Citibank Employee

The High Court of Kenya ruled that the Ethics and Anti‑Corruption Commission (EACC) lacks jurisdiction to investigate commodity loan arrangements of the Kenya Tea Development Agency (KTDA). Justice William Musyoka held that KTDA is a private entity and the alleged wrongdoing does not involve bribery, public funds or public officers, stating, “If the allegations of corruption do not relate to bribery… the respondent would have no mandate to conduct an investigation”. The court quashed the commission’s notice and barred the probe.

In a related filing, Citibank Kenya petitioned the same court for conservatory orders to stop investigators from summoning, arresting or questioning a bank employee linked to a Sh261 million loan to Kiru Tea Factory. The bank argued the investigation violated constitutional rights, saying, “Pending the hearing and determination of this Petition, an order be issued restraining the respondents…”. The petition does not challenge the legality of the loan itself, only the manner of the investigations.

Both rulings limit anti‑corruption agencies’ actions over private commercial loan transactions in the Kenyan tea sector, affecting thousands of smallholder farmers and a major international bank.