A petition to have Kenya New Co-operatives Creameries (KCC) boss Nixon Kipkemoi step aside over claims of graft and nepotism has been pushed to next year.
The parties were informed that Hedwig Ong'undi was absent and therefore they took new hearing dates from the deputy registrar yesterday.
In the petition, former Company Secretary Peter Kennedy Ombati have moved to court seeking to have the Managing Director of the Co-oporation Nixon Kipkemoi Sigey to step aside to allow investigations on corruption and abuse of office.
“The corporation has lost over Sh 475 Million employees contribution and this must be investigated,” said Ombati
He is also seeking to have the Chief Human Resource Manager Magdalene Muthoka the and Chief Finance Manager Samuel Kamindu Ichura to step aside to allow investigations on abuse of office and mismanagement.
Ombati claims that KipKemoi irregularly employed relatives and close friends since he joined the corporation in 2015.
The petitioner also claims that the MD failed to follow internal processes and policies in carrying out employee performance reviews.
Ombati wants the court to compel Kipkemoi, the Chief Human Resource Manager Magdalene Muthoka the and Chief Finance Manager Samuel Kamindu Ichura to step aside to allow investigations on abuse of office and mismanagement.
He added that the three might interfere with the key witnesses and the evidence documents if they continue to stay in the office.
The petition claims that Kipkemoi and Magdalene irregularly authorized the transfer of Sh475, 150,742.54 being employee’s contribution from Liberty Life Assurance Company Limited to Britam Life without members consent.
Ombati, in his affidavit, claims that Kipkemoi on August 6, 2017, Kipkemoi irregularly hired a chopper for Sh 2.6 million.
He is seeking orders to have the three step aside from their offices pending completion of the investigations. He claims the three might interfere with investigations.
But the respondents said the petition by Ombati is an abuse of court processes 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.
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They added that Ethics and Anti-Corruption Commission (EACC) has commenced investigations and should be allowed to carry them out without the intervention of the Court.
"As drawn, the petition is speculative and hypothetical, and should be dismissed by this Honorable Court."
High Court Judge Wilfrida Okwany had earlier referred the matter to the Anti-Corruption courts.
The matter will be heard on January 17, 2018
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