KISUMU, Kenya, Jan 27 – The Employment and Labour Relations Court has directed Agriculture Cabinet Secretary (CS) Mithika Linturi to appoint a new Managing Director at the struggling Chemelil Sugar Company.
The CS has further been directed to advertise for the recruitment of new board of directors following a successful petition by Caleb Gichana who sought the removal of the officials from office.
The petitioner had sought orders seeking the removal of Acting CEO Gabriel Nyangweso, Head of Finance Emmanuel Obetch and other senior managers for unlawfully being in office contrary to the Code of Conduct for State Corporations.
In the petition Gichana, also noted that there were irregular appointments and promotions of senior managers contrary to the code of conduct for state corporations.
He claimed the appointments were made by the management without following due process and gazettement as required by law.
According to Gichana, the irregular appointments were conducted by officials who by law were not supposed to be in office.
The petitioner had contended that Mr. Nyangweso was incompetent and had run down the company through malpractices and irregularities including nepotism.
Kisumu Industrial and Labour Relations Magistrate Stephen Radido ruled that Nyangweso and Obetch were in office unlawfully and unconstitutionally contrary to Articles 10 and 232 of the Constitution and the Mwongozo Code of Governance and are therefore invalid.
However, the court dismissed without cost the petitioner’s prayers seeking Messrs Nyangweso and Obetch to be surcharged over what they have been earning over and above the normal salaries and allowances since 2017.
Other respondents in the case were the Public Service Commission, State Corporation Advisory Committee, CS Agriculture, and Chairman-Board of Directors Chemelil Sugar, Inspector General State Corporations, the Attorney General, and the Auditor General as the interested party.
