The long awaited ruling on whether embattled New KCC bosses will step aside over illegal transfer of workers’ pension fund amounting to close to sh 500 Million has been postponed for a second time.
The ruling was first scheduled to be delivered on 8th May; it was pushed to Wednesday 15th May and has again been pushed to Tuesday 21st May next week.
Judge John Onyiego was expected to deliver the ruling against New KCC boss Nixon Kipkemoi on 8th May but it was not ready.
When the parties went to court on 8th May, the ruling was set for 15th May but they were told it will be delivered on notice on 15th May 2019 at 2.30 PM.
According to a City top lawyer, when a Judgment is delivered on notice, it means that the parties involved are invited via invitation that the Judgment will be delivered on a particular date.
This gives the parties adequate time to prepare.
“At times, the notice may not be delivered at all. Although it’s allowed in law, such procedures can be misused by failing to send the notice to the parties on time. This may affect their right of appeal,” the lawyer who sought anonymity said.
Normally, Parties have 30 days to appeal.
Nixon Sigei, Magdalene Muthoka and Samue Kamindu Ichura who are the Managing Director, Chief Manager Human Resource and Administration and Chief Manager Finance respectively are being accused of corruption, discrimination and incompetent conduct in their roles at New KCC.
In a petition, former Company Secretary Peter Kennedy Ombati is seeking to have the Managing Director of the corporation, Nixon Kipkemoi Sigei to step aside to allow investigations on corruption and abuse of office.
According to the Kenya Government circular reference no OP/CAB.39/1A dated 1st March 2018, clause 2 of the circular requires accounting officers under corruption investigations to step aside pending conclusion of investigations.
However, several other senior officers in government are still in office despite investigations going on.
State House through its Spokesperson Kanze Dena said Treasury is supposed to take the necessary action against all those officers who are in office and are facing corruption allegations.
“Now the matter is being handled by treasury as they are the administrators of their schemes of service (terms of employment) they were to follow up and take necessary action,” she said when we enquired about the Presidency’s implementation of the circular.
According to insiders at New KCC, the allegations were first reported by whistle blowers in 2015 and strangely the New KCC Board of Directors has never taken action to know the truth by instituting investigations.
Several employees who spoke to Hot News pointed fingers to the sacked Chairman, Matu Wamae noting that he appeared to have “abetted corruption and illegal activities by permanently protecting Sigei and the top managers,”
The employees said that they are happy there is a new Board and a new Chairman led by Dr Ignatius Kahiu.
Kahiu replaced 82 year old Matu Wamae in early May.
They exuded optimism that the current Chair with his Board members will crack the whip immediately by following the government circular to the letter.
New KCC has for close to 2 years been in the news for the wrong reasons.
Employees interviewed noted that Mr Sigei’s tenure has been tainted with incompetency in general administration, favoritism on tribal lines and corruption leading to low staff morale.
Ombati is seeking to have the three KCC officials declared not fit to hold office due to their “corrupt dealings”