The newly appointed Managing Director of the East African Portland Cement (EAPC) Bruno Obodha has filed an application in court seeking to set aside orders blocking his assumption of office.
Milimani Judge Bahati Mwamuye issued a conservatory order stopping Bruno’s appointment following a case filed by one Caroline Mwangi.
Mwangi in her petition claimed that the nomination of Bruno violated the regulations of EAPC which reserves the appointment mandate to the Board of Directors.
She cited a press release dated December 20, which allegedly stated that Bruno’s nomination was made “based on recommendations of the public service commission” to which Mwangi argued that PSC has no constitutional or statutory role in the affairs of Portland.
“Portland is a company listed at the Nairobi Securities Exchange within the scope of the Capital Markets Act. Any unlawful interference with its operations portends far-reaching consequences to the investment landscape and potential losses to innocent individual Kenyan shareholders,” she told the court.
Bruno in his new application has asked the court to either suspend or set aside the order it issued on January 3.
Through senior counsel Prof Tom Ojienda, he argues that the constitutional court lacks the required jurisdiction to grant the orders it granted for the simple reason that the same is an employment and labour dispute.
According to his court papers, there exists a similar pending petition before the employment and labour relations court in Nairobi in which the judge in December last year declined to grant orders blocking him from assuming office.
Bruno says Justice Christine Baari instead directed the matter filed by one Patrick Koinery to be mentioned on January 20 before Justice Nduma Nderi.
He also claims Mwangi obtained the orders through ‘non-disclosure of material facts’
He says when the Labour court declined to issue orders blocking his assumption, the same was widely reported in the media and Mwangi ought to have been aware of the matter.
“The petitioner deceived the court into issuing the orders yet there was a similar matter pending before the Labour court which declined to grant orders blocking his assumption of office,” read his documents in part.
“It is necessary and imperative that this court sets aside the orders it issued on January 3. Those orders were issued due to deliberate non-disclosure of the existence and pendency of a similar petition before the Labour Court.”
With the office of the MD of Portland currently vacant, Bruno says the same is ‘bringing to a near standstill the operation of Portland at the expense of the unsuspecting public’.
Ruto on December 20 appointed Bruno as the managing director of Portland but the same has since been suspended by the court.
The East Africa Portland Cement Company (EAPCC) board raised concerns over the appointment of a new Managing Director.
The board through its chairman Brig (Rtd) Richard Mbithi said although Mr Bruno Oguda Obodha was appointed as the Managing Director for East African Portland Cement Plc by President William Ruto, his involvement with the company raises integrity issues that amount to a conflict of interest.
