Attorney General appeals against Eunice Mbogo’s stay order

By Judy Ogutu

The Attorney General is seeking to temporarily stop a High Court order allowing Ms Eunice Mbogo to continue serving at Kenya Reinsurance Corporation, pending lodging, hearing and determination of an appeal.

Senior Principal State Counsel, Anthony Ombwayo, says they are unable to comply with the orders granted by Lady Justice Joyce Khaminwa on April 12. Ombwayo, who is also representing the Finance Minister, and the Finance PS, argues that while seeking for the orders, Mbogo withheld material information from the court. Further, the AG argues that business operations of Kenya-Re are exposed to immense risk "due to the irregularly obtained stay orders."

In an affidavit, Ombwayo says Mbogo had filed an application on April 7, challenging the decision to terminate her contract. High Court Judge, Justice George Dulu, ordered her to serve the papers to the respondents, and take a hearing date at the court’s registry. On April 12, Ombwayo says Mbogo filed yet another application, which was heard by Justice Khaminwa, who then issued temporary orders allowing Mbogo to remain as Kenya Re’s CEO. Justice Khaminwa also allowed Mbogo to apply for orders prohibiting them, or any person acting on their behalf, from terminating her employment, or withholding her salary. Mbogo was also allowed to apply for orders compelling Kenya Re to renew her contract. The orders were granted after the court was informed that the ensuing limbo would jeopardise her career.

The AG argues Mbogo withheld from the court the fact that a board meeting was held on April 8 to consider the renewal of her contract as MD, and a decision reached not to renew her contract, with the same communicated to her. The appellants say they are dissatisfied with Justice Khaminwa’s decision, as the order amounts to imposition of Mbogo upon Kenya-Re as its MD. The case will be heard on June 17.