A dairy farmer has filed a petition in the High Court seeking to throw out long serving New KCC chairman from the company.
The petition filed by MMC Africa Law on behalf of a small-holder Dairy farmer Stanley Ngugi Kinuthia, is seeking the removal of New KCC Board Chairman, Eliud Matu Wamae on grounds that the President Uhuru Kenyatta violated the constitution in appointing him to serve for another term.
In the petition, Kinuthia argues that the presidential appointment of the 79-year old Chairman breached the principles of good corporate governance.
He argues that the appointee has been continuously re-appointed to the same post for over 14 years now since 2003 against the Government’s Code of Corporate Governance also known as Mwongozo.
“The Mwongozo Code caps such re-appointments to one term of three years renewable only once upon a satisfactory performance evaluation,” MMC Africa Law argues for the petitioner.
A similar case was filed last year against the extension of the term of Ben Chumo as the KPLC managing director. In the case, the Employment and Labour Relations court ruled that that Chumo’s tenure was “irregularly extended” and issued an injunction terminating his tenure at the power utility firm.
The petition drawn by MMC Africa Law this week seeks to protect the hapless Dairy farmers. Kinuthia through his lawyers argues that the corporation is being run down because he is earning less income for his milk delivery to New KCC, and the payments are delayed.
He also wants the courts to find Public Service Commission, PSC, n breach of its constitutional mandate for failure to protest unconstitutional appointment to boards of State Corporations.
In the petition, the farmer is calling for an open and competitive recruitment of suitable officers for State Corporations by the PSC for crucial positions such as Chairmen.
Wamae is a former member of parliament who was appointed to his current role after losing the 2002 elections by former President Mwai Kibaki. He has been continuously re-appointed to the same position.