A major ruling on whether embattled New KCC boss will step aside over irregular transfer of Sh 470 M of employees pension contribution has been pushed to next week.
Judge John Onyiego was expected to deliver the ruling against Nixon Kipkemoi who is accused of disregarding due processes.
Kipkemoi, 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 KCC.
Former Company Secretary Peter Kennedy Ombati is seeking to have Kipkemoi to step aside to allow investigations on corruption and abuse of office.
Ombati is seeking to have the three KCC officials declared not fit to hold office due to their corrupt dealings
“The corporation has lost over Sh 475 Million employee’s contribution and this must be investigated,” said Ombati.
He 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 Kipkemoi irregularly employed relatives and close friends since he joined the corporation in 2015.
The petitioner also claims that the MD failed to follow internal processes and policies in carrying out employee performance reviews.
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 Kipkemoi 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.
Ombati, in his affidavit, claims that Kipkemoi on August 6, 2017 irregularly hired a chopper for Sh 2.6 million.
Ombati who is also a lawyer is seeking orders to have the three step aside from their offices pending completion of the investigations. He claims the three might interfere with investigations.
But the respondents said the petition by Ombati is an abuse of court processes as it seeks to bypass primary channels to address the grievances raised.
“It is clear that where a dispute resolution mechanism exists outside courts, the same be exhausted before the jurisdiction of the courts is invoked,” they said.
The state corporation also opposed the application by ex-company secretary Peter Kennedy Ombati saying it did not disclose the violations of the constitution.
Onyiego said he will make the ruling on May 15, 2019 at 2.30pm.