Suspended Nzoia Sugar MD moves to court, seeks to be reinstated

Nzoia Sugar Company Managing Director Michael Wanjala has moved to court seeking redress over his suspension.

Through lawyer Bryan Khaemba, Wanjala filed a petition of urgency on Tuesday, June 22 seeking prohibition orders against his suspension from office.

Wanjala was suspended from office in June 7 for a period of 3 months to pave way for investigations into allegations of embezzlement of funds among others.

“The alleged complaints as stated by the Respondent were from various stakeholders and leaders of the region alleging financial impropriety, non payment of farmer’s arrears amounting to more than Ksh700 million and withholding of staff salaries to the tune of approximately Ksh 2 Billion,” the court documents read.

In the application, Wanjala argues that he was unfairly dismissed adding that the respondent acted beyond his powers when he suspended him.

“The respondent acted ultra vires in purporting to suspend the Ex-parte Applicant contrary to section 5(3) of the State Corporation Act which vests the power to engage and employ staff, including the Chief Executive on the State Corporation in the Board of Directors, and the Minister and the Committee with only the power to approve the terms and conditions of the employed officer,” the application read.

Makokha replaced Michael Kulundu as MD in 2019. Kulundu died in March after he was attacked by unknown people on January 2 and later succumbed to the injuries in a Nairobi hospital on March 7.