The High Court in Kisumu, presided over by Justice Stephen Radido, has nullified the appointment of Moses Kiprop Kolum as the Managing Director of Chemelil Sugar Company, citing significant procedural flaws in the appointment process. The landmark ruling came as a response to a petition filed by Michael Sidigu, a farmer, in December of the previous year, challenging the legitimacy of Kolum’s appointment by the Agriculture Cabinet Secretary Muthika Linturi.
Sidigu’s contention was grounded in the violation of labor laws and the human resources guidelines of the Chemelil factory, specifically pointing out the age limit for the suitable candidate, which is set below 56 years. Contrary to these stipulations, Kolum, at the time of his appointment, was 58 years old, raising questions about the adherence to the established criteria for recruitment.
In delivering his judgment, Justice Radido underscored the failure of the recruitment process to uphold the principles of fair competition and equality of opportunity, as mandated by public service values. He emphasized that the process did not meet the standards expected in public service appointments, leading to his decision to invalidate Kolum’s appointment through an order of judicial review.
The case brought to light discrepancies in Kolum’s personal details, with court documents revealing a conflict in his birth date as stated by his former employer and the information presented in court. Notably, an identity card obtained in May 2023 indicated that Kolum was born in 1965, which contradicts the January 2, 1963, birth date listed by his previous employer.
The lawsuit named several key respondents, including the Attorney General, Chemelil Sugar Factory, its Board Chairman, Agriculture Cabinet Secretary Mithika Linturi, and the Public Service Commission, highlighting the broad spectrum of stakeholders involved in the case.
The ruling has significant implications for the governance and management practices in public appointments, reiterating the importance of adhering to legal and procedural frameworks. In the interim, Jacqueline Kotonya will continue her role as the acting Managing Director of the state-owned mill, as the stakeholders digest the ramifications of this judicial decision and contemplate the next steps in ensuring compliance with the law and good governance practices.
KISUMU CITY NEWS
