NAIROBI, Kenya Feb 7 – The High Court in Kisumu High has invalidated the appointment of Moses Kiprop Kolum as Managing Director of Chemelil Sugar, citing procedural irregularities.
The ruling was delivered on Wednesday by Justice Stephen Radido.
The court action stemmed from a petition filed by farmer Michael Sidigu in December last year, contesting the appointment made by Agriculture Cabinet Secretary Muthika Linturi.
Sidigu argued that the appointment contravened labour laws and Chemelil factory human resources guidelines, which stipulated that the suitable candidate should be under 56 years old. Kolum, however, is 58 years old.
In his verdict, Judge Radido declared that the recruitment process leading to Kolum’s appointment did not adhere to public service values of fair competition and equal opportunities.
He issued an order of judicial review, quashing Kolum’s appointment as Managing Director.
The judge concurred with the plaintiff’s assertion that Kolum applied for the position despite knowing he exceeded the specified age limit. He noted, “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, Kolum’s former employer stated his birth date as January 2, 1963, while documents presented in court indicate he was born in 1965, as per an identity card obtained in May 2023.
Jacqueline Kotonya has been serving as the acting MD of the state-owned mill.
Respondents in the suit include the Attorney General, Chemelil Sugar Factory, the Board Chairman, Agriculture CS Mithika Linturi, and the Public Service Commission.
