Lessons from the tea sector scandal: How companies can combat workplace sexual abuse

While the government enacts laws such as the Employment (Amendment) Act (2022) and Sexual Offences Act (2006) prohibiting violations of workers' human rights, businesses must also establish policies to identify, prevent, and remedy such violations.
What you need to know:
- Major tea buyers Lipton and James Finlay have boycotted the Tegat/Toror tea factory after John Chebochok, implicated in a BBC documentary exposing sexual abuse of women workers, was elected as a director.
- The boycott highlights growing pressure on businesses to prevent human rights violations in their supply chains, especially as the EU bans products made with forced labor.
- The case underscores the need for business, government regulations and corporate policies to protect workers from sexual violence and ensure ethical business practices.
When it became public that John Chebochok had been elected a director for the Tegat/Toror tea factory, responsible for the Ainamoi zone, two major multinational tea buyers announced they would boycott buying the product from the factory under the Kenya Tea Development Agency (KTDA).
Lipton Teas and Infusions, headquartered in the Netherlands, stated in a letter dated July 1, 2024, that it had "immediately ceased purchasing from the Tegat/Toror factory" and urged industry partners to do the same until "appropriate measures are taken to address this serious issue."
On the same day, James Finlay Limited issued a similar statement from its London offices, declaring, "Please be aware that we will not be able to continue to purchase tea from Toror Tea Factory while John holds the role of director."
The issue is severe, as both firms sell their products within the European Union (EU), which has banned the sale of products produced through forced labour. This decision affects not only the businesses of Lipton and Finlay but also the Tegat/Toror tea factory, KTDA, and most importantly, the farmers who supply the tea now being rejected due to John's involvement.
BBC documentary
John is at the centre of allegations of violating the human rights of women workers at James Finlay Kenya, where he worked as a contractor. A February 20, 2023, documentary by BBC Africa Eye and Panorama exposed horrendous sexual abuse of women workers and job seekers at the tea farms in Kenya’s Kericho County.
In the nearly 50-minute documentary titled "Sex for Work: The True Cost of Our Tea," produced by Kenya's investigative journalist Tom Odula, a man is recorded under monstrous circumstances. He invites a jobseeker — the documentary’s undercover investigator — to a hotel room for a job interview, then shamelessly pressures her to engage in a sexual act despite her resistance, promising benefits including a monthly cash of Sh15,000 and a job in return for sexual favours.
Following the documentary, Finlays terminated its agreement with John’s company, Sislo Holdings. Physical and sexual violence, including sexual harassment, are indicators of forced labour identified by the International Labour Organisation. John's case is one of many, as sexual violence is prevalent across all sectors, from transport to mining, hospitality, education, media, and sports.
Joseph Kibugu, Africa regional manager at the Business & Human Rights Resource Centre, emphasizes that both the state and business entities have a duty to ensure their operations do not harm workers and communities. He explains that while the government enacts laws such as the Employment (Amendment) Act (2022) and Sexual Offences Act (2006) prohibiting violations of workers' human rights, businesses must also establish policies to identify, prevent, and remedy such violations.
Forced labour
"The UN Principles on Business and Human Rights demand that all businesses, regardless of sector and size, respect the human rights of their workers," he states. "They must conduct human rights due diligence to understand the nature of their business and take measures to protect their workers from the direct or indirect impact of their operations."
The US and EU have enacted specific laws aimed at ending forced labour in their supply chains. In 2021, the US enacted the Uyghur Forced Labour Prevention Act (UFLPA), banning the importation of goods produced with forced labour in Xinjiang, China. Similarly, in April 2024, the EU Parliament approved the Corporate Sustainability Due Diligence Directive, requiring large companies to prevent adverse human rights and environmental impacts across their value chains. The 27 EU countries are now prohibited from selling, importing, and exporting goods made with forced or child labour.
Public demand for desirable work environments can also drive change through lawsuits, protests, and movements. For instance, when a woman was ejected from a Nairobi restaurant for breastfeeding in public, protests led to an apology from the restaurant management and the provision of a space for breastfeeding mothers.
Currently, a group of human rights organisations has moved to the Kericho High Court seeking to stop the swearing-in of John Chebochok. On July 15, 2024, the court suspended his confirmation pending a ruling on his directorship on August 15.