The long awaited ruling on whether embattled New KCC bosses will step aside over illegal transfer of workers pension fund amounting to close to ksh 500 Million was pushed to Wednesday this week.
The ruling was to be delivered on Wednesday last week.
Judge John Onyiego was expected to deliver the ruling against Nixon Kipkemoi but it was not ready.
Nixon Sigei, Magdalene Muthoka and Samuel 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.
According to insiders, 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.
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.
“There is a clear case of theft of public funds by Mr. Sigei as the public company was made to pay ksh 2.6 Million for hire of a chopper that never flew,” said an employee who sought anonymity.
The money was also paid in full and in advance contrary to requirements of Public Procurement Law.
Mr Ombati is also seeking to have the Chief Human Resource Manager Magdalene Muthoka and Chief Finance Manager Samuel Kamindu Ichura to step aside to allow investigations on abuse of office and mismanagement.
Ombati claims that Mr Sigei irregularly employed relatives and close friends since he joined the corporation in 2015.
The petitioner also claims that the MD failed to follow internal human resource processes and policies in carrying out employee performance reviews and always practiced discrimination.
He added that the three might interfere with the key witnesses and the evidence documents if they continue to stay in the office.
Ombati claims that Sigei 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 and without following due process.
On Wednesday last week, the parties were informed that the Judgment 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,” a lawyer who sought anonymity said.
Normally, Parties have 30 days to appeal.