Kisumu High Court invalidates Cs Muthika Linturi Chemelil Sugar Managing Director appointee for being overaged
The appointment of Moses Kiprop Kolum as Managing Director of Chemelil Sugar has been invalidated by the High Court in Kisumu High due to procedural irregularities, as stated by Justice Stephen Radido in a ruling delivered on Wednesday.
This legal action was initiated following a petition filed by farmer Michael Sidigu in December last year, challenging the appointment made by Agriculture Cabinet Secretary Muthika Linturi.
Sidigu argued that the appointment violated labor laws and Chemelil factory human resources guidelines, which specified that the suitable candidate should be under 56 years old. However, Kolum, at 58 years old, did not meet this criterion.
In his ruling, Judge Radido declared that the recruitment process leading to Kolum’s appointment failed to adhere to public service values of fair competition and equal opportunities.
Consequently, he issued a judicial review order, nullifying Kolum’s appointment as Managing Director.
The judge agreed with the plaintiff’s contention that Kolum applied for the position despite being aware that he exceeded the specified age limit.
He observed, “The vacancy announcement had an upper age limit of 56 years. The 1st respondent who was eventually appointed was (is) above the age set by the Board.”
According to court records, discrepancies exist regarding Kolum’s date of birth. While his former employer indicated his birth date as January 2, 1963, documents presented in court reveal that he claimed to be born in 1965, as per an identity card obtained in May 2023.
Jacqueline Kotonya has been fulfilling the role of acting Managing Director of the state-owned mill.
Respondents involved in the lawsuit include the Attorney General, Chemelil Sugar Factory, the Board Chairman, Agriculture Cabinet Secretary Mithika Linturi, and the Public Service Commission.
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Kisumu High Court invalidates Cs Muthika Linturi Chemelil Sugar Managing Director appointee for being overaged
