The Youth Enterprise Development Fund board chairman could be jailed or fined after being found guilty for disobeying court orders to freeze the sacking of the agency’s CEO, Josiah Moriasi.
Justice Hellen Wasilwa said the chair, Victor Mwongera, and the board knowingly defied the order that required them to temporarily suspend the decision of not renewing the CEO’s employment contract.
The judge said the law on contempt is clear that a party cannot plead incapability of enforcing a court order.
Dr Mwongera will be sentenced later.
“The order made by this court, however difficult it may seem to implement, the respondents treated the said order casually and even denied Mr Moriasi access to his office among other actions.
“The respondents treated the order contemporary and are therefore liable to being punished,” said Justice Wasilwa.
Mr Moriasi moved to court after the agency’s board in a meeting held on April 28, 2020, resolved not to renew his three-year contract over claims of poor performance and mismanaging the organisation.
The judge dismissed the chairman's argument that the order was incapable of being obeyed because there was no employer–employee relationship between the board and Mr Moriasi.
She said the chairman and board were aware of the order dated May 4 after being served, but instead blocked Mr Moriasi’s entry by locking his office and confiscating the keys.
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