Kenyan farmworkers sue tea giant in Scottish courts

The tea pickers allege they suffered severe health problems as a result of working on farms operated by James Finlay Kenya Ltd.

The firm is part of a multi-national company whose roots lie in 18th century Glasgow. It began as a cotton trader in Scotland in 1750 and now operates across five continents.

The company, which moved its headquarters from Glasgow to London 15 years ago, but is registered in Aberdeen, is opposing the action and has defended its record on health and safety.

The seven men and women are suing for damages of £15,000 each at the All Scotland Sheriff Personal Injury Court in Edinburgh.

Isaac Okero, their advocate in Kenya, told BBC Scotland: “The tea workers are saying that on account of the years of service that they have provided to James Finlays Kenya Ltd, and the circumstances and conditions under which they were compelled to work, they have suffered severe degenerative injuries which have severely impacted on their lives.

“These injuries are both physical and mental.”

David Short, of Balfour and Manson, is representing the workers.

He said: “In any court action one of the first things you have to look at is, where do we have jurisdiction, which court will allow you to raise an action. Here, we have a Scottish-registered company and therefore the appropriate place for action is a Scottish court.

“We’re suing for what would be appropriate for an award in Kenya. It reflects their conditions and their economy.”

In a statement, a spokesman for the company said: “James Finlay (Kenya) Ltd intends to fully defend all related claims brought in either the Nairobi High Court or the All Scotland Sheriff Personal Injury Court.”

The statement continues: “We aim to achieve the highest standards of health and safety and welfare for everybody connected with our business.

“We have a well-established health and safety programme for all of our global business units, including our Kenyan business.”