Court allows sale of Coffee Board assets over Sh6.7m staff dues

NAIROBI, KENYA: Efforts by the Coffee Board of Kenya (CBK) to block sale of its assets over Sh6.7 million to settle dues owed to six former employees have been thwarted by the Industrial Court.

Justice Mathew Nduma Nderi said CBK has not satisfied the court that the former managers were not entitled to their dues, in part of a Sh17.9m judgement entered in their favour by Lady Justice Maureen Onyango on July 23 last year.

He said upon perusing the documents filed in court he did not find any consent suspending the sale of two vehicles attached by Cash Gate Auctioneers, pending hearing and determination of the case.

"I concur with lawyer Titus Koceyo for the former CBK workers that there was no consent endorsed by the court as purported by the applicant herein (CBK)," ruled Justice Nderi when he ordered CBK to pay costs of the suit.

On the instructions of Mr Koceyo for Messrs Peter Mbugua Kanoi, Peter Mugambi Lintari, Peter Kiema Kalutu, Julius Kinoti, William Okalio Epaye and Ms Florence Malla, Cash Gate Auctioneers attached the two vehicles registered in the name of CBK. The six claimants were general and marketing managers and accountants.

The two vehicles have been advertised for sale on October 24. CBK through its counsel Mumbi Githongori had urged the judge to stop the auctioneers from placing an advert in the media pending determination of the case as to the amount payable to the six former workers.

Ms Githongori also urged the judge to bar the auctioneers from claiming any fees from CBK in relation to the attachment of the vehicles attached. She said a consent order had been recorded between the parties on May 12 2014 which was opposed by Mr Koceyo. CBK said the Sh6,797,889 demanded by the six is unlawful. Koceyo told Justice Nderi that an earlier move by Coffee Board to block attachment of its property was thrown out by Justice Onyango.