Cohesion team bosses face jail for contempt of court

The High Court has ordered six National Cohesion and Integration Commission (NCIC) commissioners including the Chairperson Samuel Kobia to spend six months in prison for contempt of court over their decision to kick out the chief executive Dr Skitter Wangeci Mbugua on false allegations of gross misconduct.

In a decision rendered by Justice Hellen Wasilwa, the court committed Kobia and five commissioners of NCIC to a six months jail term after finding them guilty of defying court orders issued in February 20 this year barring them from kicking out Wangechi from NCIC offices as the CEO pending the hearing of her case challenging her removal.

While sentencing Kobia(pictured) together with commissioners Wambui Nyutu, Abdul-Aziz Ali Farah, Dr Danvas Makori, Sam Kona and Dorcas Kedogo, the Judge noted that though they were well aware of court orders, they chose to disregard them.

“In my view, the respondents being commissioners of NCIC acted deliberately in disregard of the orders granted by this court and cannot escape from this guilt by indicating that they were right. My finding is that the commissioners as cited are all guilty of contempt and these are the orders of this court, “ Wasilwa ruled.

The judge emphasised that court orders must always be obeyed and it is unfortunate that senior officers in government would continue to disregard the same.

Gross misconduct

Wasilwa directed the commission to comply with the orders issued in February and have Wangeci reinstated back as the CEO until her lawsuit is heard and determined.

The decision comes after Wangechi filed a contempt of court proceedings against the six commissioners of NCIC for failing to comply with the judge’s order staying any further disciplinary action against her pending the hearing and determination of the Judicial Review application she lodged in court.

Wangeci first moved to court on February 19, 2023 after she was served with a show-cause letter on November 10, 2022, citing her for gross misconduct, insubordination and violation of NCIC policies.

On February 20,2023, the court issued orders barring the commission from conducting all disciplinary processes against Wangeci.

Despite the NCIC commissioners being aware of the orders, they swiftly suspended her on April 5,2023 pending investigations over allegations of gross misconduct.

Following Wangeci’s suspension, the commissioners unlawfully appointed Harrison Kariuki as the NCIC acting CEO and the Secretary.

Aggrieved by the illegal action of the commissioners, Wangeci filed an application seeking the six committed to civil jail for continuing to disregard the orders where they subjected Wangechi to further disciplinary action and resolved her removal as the CEO.
Calenders

She was suspended on various allegations levelled against her, including refusal to attend a retreat organised by the Commission between 9 and 15 October 2022, illegal use of Commission vehicles to travel to Mombasa and recruitment of staff without the Commission’s approval.

She was also cited for failing to implement a Sh100 million budget, even after it was approved by the commission and refusing to provide staff and commissioners with calendars.

Wangeci allegedly failed to follow up on a Sh35 million grant promised to NCIC by the Common Market for Eastern and Southern Africa (Comesa). “You also failed to follow up on projects discussed by the commission delegation to the US,” read the letter.

However, she denied the claims in a response letter to the commission dated November 30, 2022, and accused the commission of having a predetermined move to suspend her from work.