Friday, May 2, 2008

Kenya: Coffee Miller to Pay Farmers Sh84m - AllAfrica.com

Silas NthigaNairobi

A tribunal have ordered a java Miller to pay husbandmen in Embu over Sh84.5 million as compensation for java they delivered the mill nearly 10 old age ago.

Embu occupant justice James Joyce Khaminwa ordered Thika Coffee Robert Mills Company to pay the money to husbandmen affiliated to Mikiki Cooperative Society as compensation for 3,439 bags of parchment java and another 803 bags of dried berries (Mbuni) they delivered to the company for milling. After milling, the company was meant to submit the harvest to the Coffee Board of Republic Of Kenya for marketing.

The orders were issued after a drawn-out legal conflict between the two, which started in 1999. The husbandmen had sued the Miller through their combined society.

Through their lawyer, Mister Moris Njagi, the husbandmen had accused Thika Coffee Robert Mills of failing to honor the understanding it had entered with them at the clip of delivering the crop. The factory was meant to mill the java and then submit it to the Coffee Board of Republic Of Republic Of Kenya for marketing.

The board whose function have since changed to that of marketplace regulator was then the exclusive seller of all the java grown in the country.

Under the agreement, Thika Coffee Robert Mills was also to progress the husbandmen with loans and farm input signals using the delivered java as security.

The husbandmen had sought orders compelling the Miller to releases the java to the Coffee Board Kenya for selling or tax return it to them.

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Lady Justice Khaminwa said the husbandmen had a lawsuit against the miller. She ordered the house to pay the husbandmen Sh77,588,005.30 for the harvest they delivered for milling and a additional Sh7,000,000 for damages. The Miller was also ordered to pay accruing involvement at tribunal rates.

But the justice absolved the Coffee Board of Republic Of Kenya from incrimination saying it was not apt for the losings incurred by the husbandmen since the harvest had not been released to it by the miller.

There was exultation among the husbandmen immediately after Lady Justice Khaminwa delivered her ruling.

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