The Director of Public Prosecutions Noordin Haji has directed Inspector General of Police Japhet Koome to open investigations into allegations of sexual exploitation in two tea plantations in Kericho.
The directive followed revelations in a BBC expose detailing sexual exploitation on female employees of Unilever and James Finlay tea plantations.
The BBC report put tea farm managers and superiors at the centre of sustained sexual exploitation and abuse.
The DPP asked the IG to present the investigation file to the Office within seven days.
“Accordingly, pursuant to Article 157 (4) of the Constitution of Kenya, 2010, you are hereby directed to undertake comprehensive investigations into the allegations of rape, sexual assault, compelled or indecent acts, sexual harassment and deliberate transmission of HIV or any other life threatening sexually transmitted disease, as highlighted by the BBC Africa Eye Documentary,” Haji said Wednesday.
Haji noted the allegations against the suspects are contrary to Sections 4, 5, 6, 23(1), and 26 of the Sexual Offences Act, as well as, Section 6(1) of the Kenya Employment Act.
Plantation workers demands
Haji’s directive came even as the Kenya Plantation and Agricultural Workers Union (KPAWU) demanded that the James Finlay and Unilever tea companies cease using contractors to outsource labour.
The union instead wants the tea firms to offer direct employment to all contracted employees.
KPAWU which is affiliated to the Central Organization of Trade Unions(COTU) issued the statement days following an explosive BBC expose that uncovered cases of sexual abuse in Kericho tea farms.
COTU Secretary General Francis Atwoli who serves KPAWU in a similar capacity said Wednesday that the revelations by the BBC have exposed the dangers of outsourced labour given the two companies opted to use the estate managers to outsource labour.
“Outsourcing of labour affects the rights and welfare of workers considering they work at the mercy of contracted companies and not the parent company,” Atwoli said.
KPAWU further demanded that James Finlay and Unilever bring to an end tactics that discourage workers from joining unions for better representation and advocacy.
Atwoli further said that both companies must ensure all their workers enjoy their constitutional rights under Article 41 which provides for fair remuneration, reasonable working conditions, right to joining a union and negotiating Collective Bargaining Agreements (CBA)
He went on to ask both companies to go beyond apologizing and issuing crisis communication and instead pay damages and compensation to the affected workers in addition to unionizing all their employees.
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