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Court Blocks CS Munya's Decision to Suspend Nzoia Sugar MD

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Nyakundi Report

Newsroom 2 min read

This archive report was first published on 23 June 2021.

On June 23, 2021, the Employment and Labour Relations Court issued a temporary order quashing the decision by Agriculture Cabinet Secretary Peter Munya to suspend Nzoia Sugar Managing Director Michael Makhoha.

The court, presided over by Judge Onesmus Makau, also prohibited the intended handing over of the office of the Managing Director, Nzoia Sugar Company Limited, to Dr. Chrispine O. Omondi to act as the Managing Director.

According to court documents, Makhoha was appointed as the Managing Director of Nzoia Sugar Company Limited on July 14, 2019, and has lawfully been discharging his duties since then.

However, on June 7, 2021, the CS suspended Makhoha from office for a period of three months, effective June 10, 2021, to pave the way for investigations into allegations of misconduct.

The alleged complaints against Makhoha included financial impropriety, non-payment of farmers' arrears amounting to more than Sh 700 million, and withholding of staff salaries to the tune of approximately Sh 2 billion.

Through his lawyer, Bryan Khaemba, Makhoha moved to court to challenge the decision by the CS and block the intended handing over of the office to Omondi, arguing that it contradicts the State Corporations Act.

“Unless this matter is urgently heard and determined, the ex-parte applicant will continue to be subjected to an illegal process, prejudiced and embarrassed both in his professional and social standing,” Khaemba added.

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