Portland Cement staff sue MD for ignoring court order
Entrance to the East Africa Portland Cement factory in Athi River. The employees on Friday filed a suit seeking to have the company’s MD jailed for six months for disobeying a court order that required they be reinstated. PHOTO | FILE
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A judge had earlier ruled that Benjamin Mwendwa Nduati, Ibrahim Mugo, Evans Abuga, Desmond Owiyo and Felix Vunga were dismissed unfairly “for lack of adequate reasons and for failure to follow due procedure before termination.”
The judge warned that any disobedience or non-compliance with the directive would result in automatic penal consequences.
East African Portland Cement Company (EAPCC) managing director Simon Peter Ole Nkeri has been sued for contempt after allegedly refusing to reinstate five workers who a Labour Court declared had been dismissed unlawfully.
The employees on Friday filed the suit in a Nairobi court seeking to have the NSE-listed company’s boss jailed for six months for disobeying the court order requiring they be reinstated in office after a judge set aside their dismissal five months ago.
Lady Justice Hellen Wasilwa had ruled that Benjamin Mwendwa Nduati, Ibrahim Mugo, Evans Abuga, Desmond Owiyo and Felix Vunga were dismissed unfairly “for lack of adequate reasons and for failure to follow due procedure before termination.”
The Judge had warned that any disobedience or non-compliance with the directive would result in automatic penal consequences.
On Friday, lawyer Edward Oonge filed a certificate of urgency at the Employment and Labour Relations court in Nairobi on behalf of the sacked workers where he states that the MD has ignored the court order.
“The respondent has refused to comply with the judgment and decree of this court,” the lawyer said, adding that Mr Ole Nkeri's actions amount to flagrant disobedience of the law.
Mr Oonge says in the suit that Mr Ole Nkeri is in contempt and that his conduct is an affront to the powers vested in the court which reinstated the employees.
“It is imperative that this court urgently intervenes to ensure that its judgment and decree are complied with to preserve the courts dignity,” the lawyer said.
The workers, who have been in the cold for 12 months, are also claiming compensation salary in damages and want their boss found guilty of contempt and committed to civil jail for six months.
‘The respondent is well aware of the judgment and decree having been duly served and in addition was represented during proceedings until judgment and even filed a notice of appeal on May 10,” an affidavit sworn by one of the complainants, Mr Nduati, reads.
Justice Wasilwa had reinstated the workers pending the hearing and determination of a criminal case in which they are charged at the Mavoko magistrate’s court criminal case number 518 0f 2013 on account of involvement in fraudulent activities.
The case has been certified urgent and the MD is required to purge the contempt claim in seven days and show cause why he should not be committed to civil jail.
Mr Ole Nkeri has served in his position at the NSE-listed cement maker for one and a half months since taking over from Kephar Tande in August.
