A case challenging the reappointment of New Kenya Cooperative Creameries (NKCC) boss Nixon Sigey for the third term has been pushed to April 26, 2022.
This is after High court Judge Monica Mbaru allowed the parties to file submissions before her for confirmation on that day.
In the case Mr. David Adema has sued Sigey for continuing to serve as NKCC managing director beyond a period of six years.
Adema in his petition says that the CEOs of State corporations are supposed to serve for a three-year term renewable once subject to performance evaluated by the board but Sigey has violated these rules.
“I plead with the Court to quash the decision of the NKCC board of directors dated January 2021 to reappoint Mr. Sigey for a third term in office, “Adema says.
NKCC, Board of Directors, Cabinet Secretary Ministry of Agriculture Livestock and Fisheries are the respondents in that application while Sigey is an interested party.
Adema says that Sigey has been a managing director since 2015 and he is now serving his third term from the beginning of January, 2021.
He adds that NKCC took steps and unlawfully extended the contract of service of Sigey as NCC managing director for the third time.
“NKCC did not have the powers to appoint Sigey as the managing director of NKCC for the third time, “added Adema
He said that the board approved Sigey appointment while there was a complaint pending before the Ethics and Anti-Corruption Commission.
Adema says that the appointment of Sigey for the third time was in breach of the provisions of the Mwongoso.
He said the board also breached the provisions of the Mwongozo code of governance for State Corporations, which require that chief executive officers of parastatals to serve a maximum of two terms comprising a maximum cumulative period of six years.
The petitioner argued that CEOs of State corporations are supposed to serve for a three-year term renewable once subject to performance evaluated by the board.
He argued that it was incumbent upon the board, which is chaired by Dr Ignatius Kahiu, to consider the appointment of the CEO in accordance with the set policy.
Mr Adema further argued that the appointment of the CEO was irregular, fell short of a competitive process, lacked public participation and was not gazetted, hence should be nullified.
He asked the court to issue an order for appointment of an acting CEO for six months pending the recruitment and appointment of a new leader.
He listed the NKCC board and Cabinet Secretary for Agriculture as the respondents in the case while Mr Sigey was named as an interested party.
The petitioner is also seeking an order that Mr Sigey refunds to the State corporation all money paid to him as salaries and other emoluments from January 2021 to the date of determination of the case.