Former Kenya Broadcasting Corporation (KBC) managing director Naim Bilal wants court to sentence the ICT Cabinet Secretary Eliud Owalo to a civil jail over alleged disobedience of an order to reinstate him to office.
In his court papers, Dr Bilal says the CS is yet to comply with a court order dated October 31, 2022 that directed Mr Owalo to reappoint and gazette him as the CEO.
Judge Ocharo Kebira had ordered Mr Owalo to renew Dr Bilal’s contract as the MD of the State broadcaster with immediate effect for another term of three years.
Further, the court permanently restrained the ICT ministry, head of public service or the Attorney-General from recruiting another person in the managing director position at KBC.
But in his fresh court filings, Dr Bilal says “Mr Owalo has refused or declined to obey the court order” despite being furnished with the same on November 8, 2022.
“The law on contempt is trite that any party who is either served an order or made aware of a court order but deliberately refuses to obey the same is or is deemed to be in contempt of court,” says Dr Bilal in his application filed by his lawyers C.K. Musyoki & Company Advocates yesterday.
The contempt suit follows an earlier demand letter to the CS by the advocates dated November 18, 2022 which gave Mr Owalo seven days to act on the court order or face contempt proceedings.