Kisumu High Court Judge Justice Stephen Radido on Wednesday invalidated Moses Kiprop Kolum's appointment as Managing Director of Chemelil Sugar Company, citing procedural irregularities.
The ruling comes after a farmer Michael Sidigu filed a petition in December last year, contesting the appointment made by Agriculture Cabinet Secretary Muthika Linturi.
Sidigu argued that the appointment contravened labor laws and Chemelil factory human resources guidelines, which stipulated that the suitable candidate should be under 56.
Kolum, however, is 58 years old.
In his verdict, Judge Radido declared that the recruitment process leading to Kolum’s appointment did not adhere to public service values of fair competition and equal opportunities.
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His judicial review order nullified Kolum's appointment to the position of managing director.
The plaintiff claimed that Kolum applied for the job even though he was aware that he was older than the age limit, and the judge agreed. The notification of the vacancy said that the age limit was 56 years old.
The first respondent who was ultimately appointed was/was older than the Board's minimum age.
While documents filed in court show that Kolum was born in 1965, his identity card, acquired in May 2023, indicates that he was born on January 2, 1963, according to records from his previous workplace.
For the time being, the state-owned mill's acting MD has been Jacqueline Kotonya.
