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Court adjourns ruling on case facing KCC boss : The Standard



Court adjourns ruling on case facing KCC boss.

The ruling on whether embattled New KCC managing director will step aside over irregular transfer of Sh470million of employees’ pension without following due process has been adjourned for the second time.

Judge John Onyiego was expected to deliver the ruling against Nixon Kipkemoi but it was not ready.
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 incompetence in their roles at KCC.
In the petition, former Company Secretary Peter Kennedy Ombati is seeking to have Kipkemoi step aside to allow investigations on corruption and abuse of office allegations.
Ombati is seeking to have the three KCC officials declared not fit to hold office over corruption.
“The corporation has lost over Sh475 Million employee’s contribution and this must be investigated,” said Ombati.
He is also seeking to have Muthoka and Ichura to step aside to allow investigations over abuse of office and mismanagement.
Ombati claims that 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 Kipkemoi and Muthoka irregularly authorised the transfer of Sh475, 150,742.54 being employee’s contribution from Liberty Life Assurance Company Limited to Britam Life without member’s consent.
The lawyer, in his affidavit, claims that Kipkemoi on August 6, 2017 irregularly hired a chopper for Sh2.6 million.
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.
They added that Ethics and Anti-Corruption Commission (EACC) has commenced investigation and should be allowed to complete it.
“As drawn, the petition is speculative and hypothetical, and should be dismissed by this Honorable Court.”
High Court Judge Wilfrida Okwany had earlier referred the matter to the Anti-Corruption courts.
The three managers have asked the court to dismiss the suit saying it was premature as investigations are still ongoing.
The state corporation also opposed the application by ex-company secretary Peter Kennedy Ombati saying it did not disclose the violations of the constitution.

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KCC boss Nixon KipkemoiCourtCase adjourned

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