Kenyan workers’ case to be heard in Scotland

14 July 2023

Elizabeth Pfeuti

A Scottish court has ruled that it will allow a case brought by Kenyan farm workers against a major global tea firm to be heard in Scotland.
EU regulation

Kenyan workers’ case to be heard in Scotland 

July 14th, 2023

A Scottish court has ruled that it will allow a case brought by Kenyan farm workers against a major global tea firm to be heard in Scotland. 

Up to 2,000 employees at James Finlay Kenya Ltd. (JFK), one of the world's biggest producers of tea and coffee with customers including Starbucks and Sainsbury’s, claim they suffered injuries due to working conditions. 

JFK denies the allegations and has argued that the case should be heard in by a Kenyan court, but the company is registered in Aberdeen, Scotland, leading a Court of Session judge to rule on July 11 that the Scottish court had jurisdiction. 

Lord Weir’s ruling stated that he was “unpersuaded” that there would be complex issues of Kenyan law too difficult to be upheld by a Scottish court, one of the main arguments put forward by JFK, and concluded that the case should be heard. 

In his ruling, he said: “I am not satisfied that the defenders have established that the claims of group members involve injuries or conditions which are covered by Kenyan Work Injury Benefits Act 2007 (WIBA) and which must therefore be dealt with under its compensation regime.” 

The decision could have repercussions to every Scotland-based company, setting a precedent that they must take domestic standards into consideration globally.  

It could be a step towards ending poor working conditions across the globe. If other jurisdictions take a similar approach, more companies would have to consider the laws in the country in which they are registered, as well as where they employ workers.  

Alternatively, it could motivate Scottish firms with an international presence to register elsewhere or reduce direct employment in developing countries. 

The workers’ group claimed in pleadings that they “have all sustained musculoskeletal injuries including injuries to the lumbar and cervical spine arising out of unsafe working practices and working conditions”. 

The group argued there was "no prospect” of obtaining “substantial justice” before the Kenyan courts if the case were to be tried there. 

However, JFK said in court that the case would be “more suitably tried” in Kenya, arguing that “the WIBA is the applicable legislation in Kenya in respect of claims made by employees relating to work-related injuries and diseases contracted in the course of their employment.”  

The WIBA does not cover an “occupational accident or disease”, and states that the employer has no liability in the case of accidental injury unless such action is taken in accordance with the provisions of WIBA. 

Latest News

SHareholder meeting

Does the blue tsunami spell the end of the anti-ESG crusade?

SHareholder meeting

FCA finalises ESG ratings regime, bringing providers into regulatory framework

SHareholder meeting

ICCR, Ceres challenge Kentucky proxy advisor law

SHareholder meeting

Japan,Thailand and Brazil seek to expand sustainability information available to investors

SHareholder meeting

SEC 2027 examination priorities put fresh focus on proxy advisor oversight

SHareholder meeting

Saba’s Baillie Gifford board challenge falls short, but pressure on trusts likely to persist

Featured Briefings

Minerva Briefing

2026 United States of America Proxy Season Review

Minerva Briefing

US SEC Rule 14a-8 Rescission Proposal

Minerva Briefing

2026 Global Proxy Season Review

Minerva is a global provider of sustainable stewardship solutions with over 30 years of expertise. Minerva empowers investors by providing essential tools, including ESG research and data and expert insights, enabling them to navigate the intricate and ever-evolving landscape of stewardship and proxy voting, whilst ensuring their decisions are well-informed and aligned with sustainable principles.

Related Stories

Does the blue tsunami spell the end of the anti-ESG crusade?

November 5, 2026
Read More

FCA finalises ESG ratings regime, bringing providers into regulatory framework

November 5, 2026
Read More
Shein lists in Hong Kong at reduced valuation after protracted IPO journey

Shein lists in Hong Kong at reduced valuation after protracted IPO journey

September 2, 2026
Read More
Democratic attorneys general defend credit ratings agencies against anti-ESG pressure

Democratic attorneys general defend credit ratings agencies against anti-ESG pressure

August 28, 2026
Read More
Minerva to SEC: climate disclosure should be fixed, not scrapped

Minerva to SEC: climate disclosure should be fixed, not scrapped

August 6, 2026
Read More
Texas and Proxy Advisor lawsuit

Texas launches fresh proxy advisor lawsuit

July 31, 2026
Read More