Kenyan Tea Workers Litigation (Scotland)

Hugh Hall Campbell KC v James Finlay (Kenya) Limited involved group proceedings brought on behalf of Kenyan tea plantation workers seeking compensation for alleged musculoskeletal and repetitive strain injuries sustained during their employment on tea estates in Kenya. The claims were pursued in the Scottish courts against a company domiciled in Scotland, raising significant questions concerning jurisdiction, corporate accountability, and access to justice in cross-border litigation.

RKO Advocates acted in support of claimant coordination and evidence gathering in Kenya, including claimant registration, witness statement taking, interpretation and translation services, community engagement, and liaison with international legal teams involved in the proceedings.

The litigation addressed important issues concerning the appropriate forum for workplace injury claims involving multinational corporate structures. The Scottish courts ultimately determined that the claims should first proceed through Kenya's statutory compensation framework under the Work Injury Benefits Act 2007 (WIBA), and the Scottish proceedings were sisted while that process was pursued. The courts subsequently considered whether the Kenyan framework provided an adequate and effective remedy and whether the Scottish proceedings should be revived.

The case highlights the legal and practical challenges that arise in transnational litigation, including jurisdictional disputes, workplace rights, evidential coordination across borders, and the mechanisms through which multinational businesses may be held accountable for alleged harm affecting workers in developing economies.

As aspects of the proceedings remain subject to ongoing legal developments and appellate consideration, this summary is intended for general information only and does not comment on the merits of any party's position.