Since 1901

Lawyer seeks to have senior officer removed from office

A lawyer is seeking to have Co-operative Creameries Limited Managing Director removed from office.

Former new Co-operative Creameries Limited Chief Manager Legal affairs is seeking to have the companies managing director Nixon Kipkemoi and two more officials step aside to allow investigations into claims of abuse of office.

Peter Ombati claims that Nexon Kipkemoi Sigey, Magdaline Muthoka and Samuel Kamindu Ichura have abused the office by transferring pension scheme funds without consultation from contributors.

“The members do not have faith in the new fund manager,” said Ombati in court documents

Through MESSRS Khalwale advocates, Ombati claims that there is discrimination in employment of staff which is ongoing and continues to demoralize staff hence downgrading output resulting in loss of public funds.

The lawyer who is also a former company secretary said that on May 4, 2015, he received an email from whistle blowers and employees of the Cooperation containing complaints against the Managing Director of the cooperation Kipkemoi Sigey.

Ombati claims that the email was also copied to the Senior Management of the Corporation. “The complaints were abuse of office and employment malpractices committed by the managing director,” he said.

Ombati claims that there were other also other complaints against the MD involving wastage of public funds in the award of Job titles, discriminations, incompetence and corrupt practices and acting without following due process.

He claims that up to date, no investigations have been conducted by the Ethics and Anti-Corruption Commission (EACC) and because the respondents are still in the office, they may interfere with the investigations against them.

The three are also facing allegations of entering into fraudulent contracts, taking unlawful per diems, failure to treat employees fairly and misuse of public resources.

Ombati is seeking orders to have the three step aside from their offices pending completion of the investigation by the EACC into the allegations of corruption made against them in the petition.

Ombati claims that the three entered into a fraudulent contracts in contravention with the law and they should step aside to allow the investigations.

He added that the complaint against the three were brought to the attention of EACC in the year 2015 and to date, there is nothing concrete to show the progress of the investigations and it is imperative that this court do provide or set out a time frame within which the investigations should be concluded.

The respondents said the petition by Ombati is an abuse of court process as it seeks to bypass primary channels to address the grievances raised.

“It is clear that where a dispute resolution mechanism exists outside courts, the same be exhausted before the jurisdiction of the courts is invoked,” they said.

Ethics and Anti-Corruption Commission (EACC) has commenced investigations against the three individuals.

The respondents said that the petition seeks to have the Kipkemoi, Muthoka and Kamindu removed from office as investigations by EACC are underway. “The petition as drawn has not sought for any relief of declaration that any Article of the constitution has been infringed and or violated by the interested party,” said the respondents.

As drawn, the petition is speculative and hypothetical, and should be dismissed by this Honorable Court.

High Court Judge Wilfrida Okwany has referred the matter to the Anti-Corruption courts.

The matter will be mentioned on December 10, 2018.