East African Portland Cement Company (EAPCC) #ticker:PORT acting MD Stephen Nthei has been fined Sh200,000 or in default serve one-month imprisonment for contempt of court.
Mr Nthei was cited in contempt for appointing Japheth Ombogo as a production manager in violation of a court order dated November 18, 2019, that restrained the company from substantively filling the position.
The position was previously held by Jacob Omondi Guma, who filed the contempt application against the EACC boss.
Justice Maureen Onyango rejected Mr Nthei’s defence that he was not aware of the order and that it had been overtaken by events.
The judge found that the company’s lawyer was present when the court made the order and therefore aware of the order.
The court also noted the company’s Secretary at the Legal Department received the order.
“Counsel for the respondent was in court when the orders were made and were also served with the extracted order the same day. The respondent was also served the following day through its legal office as averred in the affidavit of service whose contents the respondent has not disputed,” said Justice Onyango.
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