Export Processing Zone Authority Kenya Chief Executive Officer has moved to court seeking orders compelling the Cabinet Secretary of Industry, Trade and Corporative to reinstate him as the CEO.
Fanuel Odede Kidende wants CS Peter Munya to suspend the appointment of the current Acting Managing Director and reinstate him.
The CEO accuses Munya of dismissing him unprocedurally and verbally appointing George Makateto as the acting MD.
Through lawyer Danstan Omari, the petitioner is also seeking an order restraining the CS and EPZ from declaring the position of the CEO vacant and resist from recruiting anyone to fill the position.
“My employment can not be terminated by the CS without defence to the Company’s board and as such the purported dismissal is null and void and has no legal consequence,” says the petitioner.
Kidende avers that he was first appointed and gazetted as the CEO of the since 14th November 1999 uninterrupted and progressively been through the ranks.
Grounds
He argues that through a letter dated 20th March 2018, he communicated his desire to renew his contract the EPZA board evaluated his performance under supervision of the State Corporation Advisory Committee (SCAC).
“SCAC returned a “very good” score at a special board meeting held on 4th July 2018,” claims the petitioner.
Kidende says the results of the evaluation were presented to the corporation board by the committee at a special full board meeting. The meeting was held on 6th July 2018 upon which board resolved and recommended renewal of the petitioner for further three years.
According to the CEO, the board resolution was communicated to the then CS of Trade Aden Mohamed on 6th July this year with a copy sent to his Principal Secretary Betty Maina who had been present at the as a Board member.
The CS concurred with the board resolution and proceeded to issue reappointment letter dated 11th July this year which was forwarded to EPZ on 8th July and a new contract executed between EPZ board session chairman Joseph Muisiyo Nzioka and Kidenda for three years effective 21st September.
Cabinet reshuffle
However, upon the Cabinet reshuffle on 13th September, Munya took over Mohammed’s position.
On 20th September, Munya purported to relieve the petitioner of his duties and appointed George Makateto as acting Managing Director and directed him verbally to hand over his office to him.
On the same date, through writing issues an appointment letter to Makateto and another dated 21st September notifying the EPZ Chair of the appointment.
Kedende argues that his removal and new appointment was done without the board’s involvement. He also alleges it was in total disregard of all relevant laws and provisions of government circular and the human resource police of EPZ board.
“The purported dismissal by the CS is illegal, irregular, unprocedural, ultra vires, unreasonable and witch hunt actuated by malice and blatant disregard of the law and rules of justice,” he adds.
The petitioner alleges that due process was not followed in the dismissal neither was he given any notice of termination or payment.
EPZA response
In response, the corporation claims the person who signed the contract of employment is an imposter and had no authority of the Minister through the board of authority to do so.
“No appointment and contract of employment exists between Kidende and EPZA. The court has no jurisdiction to create an employer-employees relationship as is being occustrated by the petitioner through uttering forged documents,” argues EPZA.
Denying the contract, the corporation has termed it as forgery and fraudulent.
He wants to be reinstated with all previllages, salaries , allowances as well as grant him access to his office without victimization for the duration of his term.
The case will be heard on Thursday 6th.
