Jacob Omondi Guma v East African Portland Cement Plc Limited [2020] KEELRC 1146 (KLR)

Summary at a glance

Facts

The Respondent's Acting (Ag.) Managing Director, Mr. Stephen Nthei, allegedly took over the position of Production Manager, a role previously held by the Petitioner, Jacob Omondi Guma, without proper court order or Petitioner's consent.

Issues

• Contempt of Court Order
• Validity of Appointment of Interested Party

Reasoning

The court found that the Respondent did not follow the court's order to restrain the Respondent from substantively filling the position of Production Manager pending the determination of the application.

Outcome

The Respondent's Acting (Ag.) Managing Director, Stephen Nthei, was punished for contempt by imprisonment for a period not exceeding six (6) months.

Orders

• Punishment for contempt of the Court's order issued on 18th November 2019 by imprisonment for a period not exceeding six (6) months.
• Orders granted on 18th November 2019 be enforced.
• Pursuant to the court's order, the purported appointment of the Interested Party to take over the position of the Petitioner as Production Manager be nullified.

Remedies

• Punishment for contempt by imprisonment for a period not exceeding six (6) months.
• Nullification of the purported appointment of the Interested Party to take over the position of the Petitioner as Production Manager.

Authorities cited