Nakuru
governor and his county secretary survived a six- month civil jail term over
contempt charges recently before a Nakuru court.
The
Rift Valley Water Services Board CEO Japhet Mutai and five others were among
those who evaded the court axe after the Nakuru Industrial Court ruled that
Kinuthia Mbugua and his interim county secretary Joseph Motari were not served
personally with court orders.
Judge
Byram Ong’aya gave out the verdict following the reinstated Nakuru Water and
Sanitation Services Board director Geoffrey Asanyo’s move before the court
where he obtained leave to file a contempt application against them.
Asanyo,
whose contract had been terminated by Nakuru county before the court reversed
it had argued that Mutai and Motari through a letter to Nawassco managing
director John Cheruiyot termed them an illegal board of directors despite court
orders reinstating them.
In
the Industrial Court ruling, Judge Ongaya established that Asanyo failed to
show that at the time of writing of the letter, the top county officials had
been served with orders directing to convene board directors’ meeting. Nakuru
county government through RVSWB advertised six directorship positions in Nawassco
on March 5 while Asanyo and his co-directors were still in service but the
decision was reversed by the industrial court.
The
positions included Asanyo’s directorship position representing local business
community which prompted him to challenge the recruitment process and seek
reverse of the decision for unlawful termination.
The
Industrial Court ordered then Nawassco MD John Cheruiyot to convene a meeting
of directors within five days from date of ruling to deliberate board’s
prevailing status of the company’s board membership.
Judge
Ongaya also had ordered Cheruiyot to file the deliberations in court for it to
make further appropriate orders of which Cheruiyot is said to have ignored
following the county offices’ directives which were the basis of the contempt
charges.
The
county’s lawyer Tom Ojienda said he was happy with the ruling saying justice
has been done particularly on the contempt charges against the county governor
and his officials.
He
said he is delighted with the ruling adding this will give humble time for the
county government to put in place whatever could have gone wrong in the
Nawassco management if any.
RVWSB
CEO Japhet Mutai said after the ruling that he was happy on the court verdict
and that according to him the suit was taken to court with malicious intentions
which, however, backfired.
He
said his main agenda now is to put the past behind and forge ahead adding that
his main agenda now is to strengthen the Nawassco management for quality
services to Nakuru town water consumers.
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