Business
Kenyan tea pickers’ Scottish compensation case on hold
Appeal judges have halted a compensation case brought by Kenyan tea pickers against their employer in Scotland’s highest civil court.
James Finlay Kenya Ltd (JFK) is fighting the multi-million pound damages claim at the Court of Session.
In a major setback to their case, the workers have been told they should seek redress in Kenya before the Scottish action can go any further. Their lawyers say 3,700 Kenyans are now involved. They are considering an appeal to the UK Supreme Court.
Aberdeen-registered JFK is one of the world’s biggest suppliers of tea. When the action began, it was part of a multi-national operation which can trace its roots back to a company founded in 1750 by Glasgow textile merchant James Finlay.
The workers claim they suffered musculoskeletal injuries because of working conditions on tea farms in the Kenya’s Kericho region. They launched what is known in the Scottish legal system as group proceedings, a class action lawsuit seeking compensation.
Throughout the action, JFK has argued it has no connection to Scotland, other than its registered historical address, and that the claims should be dealt with in Kenya.
Earlier this year Court of Session judge Lord Weir ruled that the case should be allowed to proceed in Scotland. That was challenged by JFK’s lawyers in the Inner House of the Court of Session, the country’s highest civil appeal court. The Inner House has now ruled that the cause should be “sisted,” meaning it’s been stopped from going any further for now.
The three judges concluded that the workers could not show at this stage whether or not they could get redress through Kenya’s Work Injury Benefits Act (WIBA), a no-fault compensation scheme. They also ruled that the Kenyan workers had the right to appeal to the country’s Employment and Labour Relations Court.
In a written judgement, Lord Carloway, who sat with Lords Pentland and Lord Doherty, said if they were presented with evidence that WIBA was not giving the workers justice, the Scottish case could be allowed to resume.
Solicitor Patrick McGuire, who’s representing the tea workers involved in the case, said he was surprised and disappointed by the judgement. “We are now actively considering whether to appeal to the UK Supreme Court,” he said. “We’re also considering how, if at all, we can encourage 3,700 claimants to try to progress their claims through WIBA, which we think would be a feat of impossibility.”
Mr McGuire said the case which had been sisted involved 2,700 workers. Another 1,000 are taking part in an associated case which was brought to a temporary halt by the courts in Kenya.
The tea pickers have claimed they were routinely asked to work up to 12 hours a day without a break, for six days a week, earning in 2017 an average monthly wage of £100. The court also heard evidence that pickers had to harvest a minimum of 30kg (4st 10lb) of tea to be paid anything at all.
The workers asked for compensation from the business, claiming their bosses did not do enough to prevent them from suffering debilitating workplace injuries.
At a hearing in March, JFK’s managing director Simeon Hutchinson suggested the workers may have damaged their backs while carrying water as children. Mr Hutchinson argued that a UK-based court would have difficulty comprehending how people live their lives in the African country and Kenyan workers could struggle to understand lawyers’ Scottish accents.
He told the court: “Before WIBA, when ambulance chasing was rife in Kenya, lawyers had an incentive to look for injury cases because they could make a lot of money. “Once WIBA was brought into law, those practices have been brought to an end.”
A spokesperson for JFK welcomed the judgement from the Inner House. “The safety and welfare of everyone connected with our business is always our number one priority,” they said. “We believe that the proper place to address allegations brought by Kenyan citizens regarding their employment in Kenya is in the Kenyan Courts.”
(BBC)
An International Monetary Fund (IMF) team led by Evan Papageorgiou visited Colombo from April 3 to 11, 2025. After constructive discussions in Colombo, Mr. Papageorgiou issued the following statement:
“Sri Lanka’s ambitious reform agenda supported by the IMF Extended Fund Facility (EFF) continues to deliver commendable outcomes. The post-crisis growth rebound of 5 percent in 2024 is impressive. Inflation declined considerably in recent quarters and has fallen to ‑2.6 percent at end-March 2025. Gross official reserves increased to US$6.5 billion at end-March 2025 with sizeable foreign exchange purchases by the central bank. Substantial fiscal reforms have strengthened public finances.
“The recent external shock and evolving developments are creating uncertainty for the Sri Lankan economy, which is still recovering from its own economic crisis. More time is needed to assess the impact of the global shock and how its implications for Sri Lanka can be addressed within the contours of its IMF-supported program.
“The government’s sustained commitment to program objectives is ensuring policy continuity and program implementation remains strong. Going forward, sustaining the reform momentum is critical to safeguard the hard-won gains of the program and put the economy on a path toward lasting macroeconomic stability and higher inclusive growth.
“Against increased global uncertainty, sustained revenue mobilization efforts and prudent budget execution in line with Budget 2025 are critical to preserve the limited fiscal space. Boosting tax compliance, including by reinstating an efficient and timely VAT refund mechanism, will help contribute to revenue gains without resorting to additional tax policy measures. Avoiding new tax exemptions will help reduce fiscal revenue leakages, corruption risks and build much needed fiscal buffers, including for social spending to support Sri Lanka’s most vulnerable. Restoring cost recovery in electricity pricing will help minimize fiscal risks arising from the electricity state-owned enterprise.
“The government has an important responsibility to protect the poor and vulnerable at this uncertain time. It is important to redouble efforts to improve targeting, adequacy, and coverage of social safety nets. Fiscal support needs to be well-targeted, time-bound, and within the existing budget envelope.
“While inflation remains low, continued monitoring is warranted to ensure sustained price stability and support macroeconomic stability. Against ongoing global uncertainty, it remains important to continue rebuilding external buffers through reserves accumulation.
“Discussions are ongoing, and the authorities are encouraged to continue to make progress on restoring cost-recovery electricity pricing, strengthening the tax exemptions framework, and other important structural reforms.
“The IMF team held meetings with His Excellency President and Finance Minister Anura Kumara Dissanayake, Honorable Prime Minister Dr. Harini Amarasuriya ; Honorable Labor Minister and Deputy Minister of Economic Development Prof. Anil Jayantha Fernando, Honorable Deputy Minister of Finance and Planning Dr. Harshana Suriyapperuma, Central Bank of Sri Lanka Governor Dr. P. Nandalal Weerasinghe, Secretary to the Treasury Mr. K M Mahinda Siriwardana, Senior Economic Advisor to the President Duminda Hulangamuwa, and other senior government and CBSL officials. The team also met with parliamentarians, representatives from the private sector, civil society organizations, and development partners.
“We would like to thank the authorities for the excellent collaboration during the mission. Discussions are continuing with the goal of reaching staff-level agreement in the near term to pave the way for the timely completion of the fourth review. We reaffirm our commitment to support Sri Lanka at this uncertain time.”
The Commercial Bank of Ceylon has transformed its iconic ‘Foreign Branch’ into the ‘Corporate Branch,’ reaffirming its commitment to delivering dedicated, comprehensive financial solutions to corporate and trade customers.
The Bank said this transformation represents a new milestone in its illustrious journey, and resonates with the rich commercial heritage of Colombo, a city that has long served as a vital trading hub in the region.
Strategically located at the Bank’s Head Office at Commercial House, 21, Sir Razeek Fareed Mawatha (Bristol Street), Colombo 1, this rebranded Corporate Branch stands as a first of its kind in Sri Lanka —a premier financial hub tailored exclusively to the needs of corporate customers, the Bank said. The transformation aligns with the Bank’s vision of providing unparalleled service excellence, bespoke financial solutions, and fostering long-term business partnerships.
Commenting on this strategic initiative, Commercial Bank’s Managing Director/CEO Sanath Manatunge stated: “It is our aspiration that just as the historic Delft Gateway, at which our Head Office is located, once opened the path to the Dutch Fort, our Corporate Branch will chart a new era of enduring and prosperous business collaborations, that will extend beyond Sri Lanka’s shores.”
Fits Retail has partnered with retail giant Abans PLC to showcase the iconic DeLonghi coffee machines at two of Colombo’s most prestigious locations: Abans Elite Colombo 3 and Abans Havelock City Mall showrooms.
At these dedicated demonstration zones, visitors can discover the unparalleled precision engineering and user-friendly technology that have made DeLonghi machines the preferred choice for discerning coffee lovers in more than 46 countries worldwide. Renowned for consistently delivering café-quality espresso, cappuccino, and even specialty cold brews, DeLonghi machines exemplify Italian innovation at its finest.
Yasas Kodituwakku, CEO of Fits Retail, expressed excitement about the collaboration: “This partnership represents our unwavering commitment to bringing global coffee excellence to Sri Lankan connoisseurs. With Abans PLC, we’re creating more than just demonstration spaces; we’re curating premium destinations for an authentic coffee experience.”
“As pioneers of premium lifestyle experiences in Sri Lanka, our collaboration with Fits Retail aligns seamlessly with our vision of elevating everyday moments into exceptional experiences,” said Tanaz Pestonjee, Director Business Development at Abans PLC.
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