A Kisumu High Court has barred new Chemelil Sugar Factory Managing Director (MD) Moses Kiprop Kolum from taking over office.
Justice Stephen Radido made the ruling following a petition filed by farmer Michael Sidigu in December 2023 contesting the appointment which was made by Agriculture Cabinet Secretary (CS) Mithika Linturi.
Sidigu had filed a petition before the Employment and Labour Relations Court, citing among other things that the appointment was done contrary to the law.
He stated that the appointment had gone against the Labour laws and the factory’s human resources guidelines which outlines that suitable candidates must be below 56 years old, yet Kiprop is 58.
Judge Radido said the recruitment did not meet the threshold of the public service values and principles of fair competition and affording equal opportunities for appointment to a public office.
“An order of judicial review in the nature of certioria is hereby issued to quash the appointment of Kolum as the MD of Chemelil sugar factory,” he ruled.
The Judge agreed that Kolum applied for the job when he knew his age was not falling within the age bracket required for the job.
“The vacancy announcement had an upper age limit of 56 years. The 1st respondent who was eventually appointed was (is) above the age set by the Board,” he said.
In the Court records, the first respondent’s former employer indicated that he was born on January 2, 1963, and those placed before the Court show he was born in 1965.
Jacqueline Kotonya has been the acting MD at the state-owned mill.
Those named as respondents in the suit also include the Attorney General, Chemelil Sugar Factory Board Chairman, Agriculture CS Mithika Linturi and the Public Service Commission (PSC).
By Fredrick Odiero
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