, NAIROBI, Kenya, Feb 15- The High Court has blocked the removal of Mark ole Karbolo as Chairman of cement manufacturer East African Portland Cement Company (EAPCC) five days after President Mwai Kibaki appointed Isaac ole Mapenay to replace him.
Karbolo moved to court on Wednesday to challenge his sacking by the President in an announcement made in a special gazette notice published on February 10.
“In exercise of the powers conferred by section 6 (1) (a) of the State Corporations Act, I, Mwai Kibaki, President and Commander- in-Chief of the Kenya Defence Forces, appoint Isaac Mpapuluu ole Mapenay (Dr) to be Chairman of the East African Portland Cement Company Limited, for a period of three (3) years,” read the notice signed by the Head of State.
Korbolo argued before Justice Mohammed Warsame that there has been concerted effort by the government to change the composition of the board by removing some members.
And in his ruling, Warsame suspended the appointment of ole Mapenay until March 16 when the case is due to be heard.
Boardroom wrangles came out in the open in December 2011 and have since been played out in the courts.
Karbolo has been dogged by allegations of mismanagement and malpractices that saw him and the entire board suspended by acting Industrialisation Minister Amason Kingi.
The directors had challenged their suspension and were reinstated by the courts.
EAPCC workers have also been calling for his removal as well as that of his Managing Director Kephar Tande before normal operations could resume.
The High Court decision now sets the stage for yet another round of court room battles pitting the Judiciary against Executive.
Further it could continue to strain the already fragile relations between the board, management and the workers of the cement producer.