The newly appointed Chemelil Sugar factory Managing Director Moses Kiprop Kolum has been barred by the High Court from taking over office pending a hearing of a petition challenging his appointment.
However, Kiprop has defied the court order and taken over the office.
Justice Stephen Radido barred Kiprop from assuming office following a lawsuit filed by a sugarcane farmer, Micheal Sidigu who claims his appointment was done contrary to the law.
“Pending further proceedings and directions, Kiprop is stopped from assuming or holding the office of Chief Executive Officer or Managing Director of Chemelil Sugar Company Limited, “Justice Radido ordered.
Kiprop was recently appointed by Agriculture Cabinet Secretary Muthika Linturi in a special gazette notice.
Aggrieved by the move, Sidigu petitioned Kisumu High Court saying that Kiprop’s appointment has gone against the labour laws and Chemelil factory human resources guidelines which indicated that the suitable candidate is below 56 years old yet Kiproo is 58 years old.
“The appointment of Moses Kiprop Kolum is an abuse of the Chemelil Sugar Co. Itd Human Resource manual, the Chemeli Sugar advertisement and recruitment regulations and rules are contrary to article 10, 73, 232 of the article of Kenya 2010. They said Kiprop is 58 years old when the management demanded 56 years,” Sidigu told the judge.
He asked the court to intervene and urgently halted Kiprop from assuming the office of MD Chemelil Sugar Company Limited as has been appointed illegally and has no experience in the sugar Industry as required by the advert for recruitment.
“The said Kiprop has already retired from the Agro chemical industry being on terminal leave from the company but has strangely had his identity card changed in May 2023 when he is retiring to secure another job when Kenyans are languishing in shame with qualifications but no jobs, the jobs being snatched from them by fraudulent officers such as the said Kiprop,” the petitioner informed the court.
” Even if we go by his current national identity number obtained in May 2023, he is 58 years old at the time of interview contrary to the 56 years required in the advert.”
Sidigu further stated in his petition that if Kiprop insisted that he is aged 56 and below, he would be willing to pay for a DNA test to have his age assessed and determined by a competent doctor in both private and public utility.
Sidigu states that Kiprop therefore does not pass the test under Article 73 of the constitution and his appointment must be revoked by the court.
Further, the petitioner argued that the office of CEO Chemelil appointment does not require the concurrence of the chief of staff and head of public service, Felix Koskei as stated in his letter to the chairman of Chemelil Sugar Co Limited, and the same is contrary to law.
” Impunity must be brought to an end and the rule of law, order, and constitutionalism resurrected,” Sidigu says.
He also wants the court to issue orders compelling Kiprop to file in court his Kenyan national identity card and that of Agro Chemical and Food Co Limited dated January 2 1963 as his birth certificate filed with the employer.
In addition, he should also file his birth certificate and ID and any subsequent ID cards and date of application and issue for further court action.
Justice Radido however ordered the matter to be heard on January 23, 2024.
Jacqueline Kotonya has been the acting MD at the state-owned mill and was due to hand over to the new substantive MD.
In the case, those named as respondents are the Attorney General, Chemelil sugar factory, Board chairman, Agriculture CS Mithika Linturi, and the Public Service Commission.
