East African Portland Cement managing director Simon Peter ole Nkeri has been sued for contempt of court.
The case was filed on grounds that the firm's boss refused to reinstate five workers that a court had said were unlawfully dismissed.
The five had filed a suit in Nairobi for the company’s MD to be jailed for six months for disobeying the court order.
Five months ago,
Justice Hellen Wasilwa had directed that Benjamin Nduati, Ibrahim Mugo, Evans Abuga, Desmond Owiyo and Felix Vunga be given back their jobs.
She said that they were dismissed unfairly, for lack of adequate reasons and that due procedure was not followed before their termination.
The Judge had warned that any disobedience or noncompliance with the decree would result in automatic penal consequences.
The claimants' lawyer Edward Oonge filed a certificate of urgency at the employment and Labour relations court in Nairobi on behalf of the sacked workers.
He states that the MD has ignored the court order requiring the reinstatement of the five workers.
"The MD has refused to comply with the judgement and decree of this court," the lawyer said, adding that the actions amount to flagrant disobedience of the law.
Oonge says in the the application that Nkeri is in contempt and that his conduct is an affront to the powers vested in the court by declining to reinstate the employees.
"It is imperative that this court urgently intervenes to ensure that its judgment and decree are complied with to preserve the courts dignity," the lawyer said.
The workers who have been in the cold for 12 months are also claiming compensation salary in damages and want their boss found guilty of contempt.
"The respondent is well aware of the judgment and decree having been duly served and in addition was represented during proceedings until judgment and even filed a notice of appeal on May 10 ," an affidavit sworn by Nduati reads.
Justice Wasilwa had reinstated the workers pending the hearing and determination of a criminal case in which they are charged at the Mavoko magistrate’s court .
They were booked under criminal case number 518 0f 2013 on account of involvement in fraudulent activities.
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