•Embattled chairman to make fresh attempt to access office on Monday.
•Top police commanders reportedly monitoring outcome of Monday attempt.
A judge has denied Water CS Sicily Kariuki and Attorney General Kihara Kariuki audience over a leadership row at the Water Sector Trust Fund.
Justice Maureen Onyango further cited the fund’s chief executive officer Ismali Shaiye for contempt of court.
Justice Onyango has ordered the CEO punished for disrespecting court orders on reinstatement of fund chairman Patrick Kokonya.
The High Court on July 15 granted activist Okiya Omtatah orders reinstating Kokonya as WSTF chairman.
However, on July 23 Shaiye reportedly denied the embattled fund leader access to his office prompting Omtatah to return to court.
The rights activist has petitioned the court to revoke the appointment of Mary Khimulu to replace Kokonya.
He secured fresh orders on July 30 which the fund CEO is yet to heed.
“The OCS Capitol Hill police station or OCPD Kilimani or any other police officer with jurisdiction be ordered to enforce the stay orders this court issued on July 15, 2020,” the order reads.
Following this, the court says it will not listen to the Water CS, Attorney General and Khimulu until the order is implemented.
The contempt matter against Shaiye will be heard on October 6. Omtatah recently told the Star that all the parties were served.
Kokonya was yet to access his office as of Saturday, eight days after the orders were issued.
The embattled chairman told the Star on Saturday that he would make a fresh attempt to access his office on Monday.
“The police indicated to me that they have verified the orders. Officers at the top of the police ranks have acknowledged it and have promised to act on Monday,” he said.
Kokonya’s appointment had been de-gazetted under circumstances linked to his decision against extending Shaiye’s contract.
Omtatah, in his petition, said it was against the rule of natural justice for the chairman to be victimised for following the law.
The July 15 orders therefore meant that Khimulu’s appointment is pending until the matter is resolved.
Shaiye’s second and final three-year term in office is due on November 9, 2020 but he wrote to the board seeking an extension.
The board sought the Attorney General’s view on the request and was told the CEO was ineligible for appointment.
“We are of the considered opinion that since the CEO has served two terms of three years each, he is ineligible for reappointment for a third term of three years,” an advisory signed by Solicitor General Kennedy Ogeto reads.
The AG relied on the Mwongozo Code of Governance in arriving at the decision as the Water Act is silent on the term of the CEO's tenure.
Mwongozo Code stipulates that the term of a CEO shall be a three years or as otherwise provided under any other law, renewable once subject to performance evaluated by the board.
The Attorney General further cited the fund’s Human Resources Policy manual which limits the CEO’s tenure to two terms.
It was on this advisory that Kokonya convened a meeting on June 16 but the same did not take off for lack of a quorum.
The meeting was convened later on June 23 under the provision for what constitutes a quorum for a second meeting.
The State Corporations Act says that a quorum will be even if all members don’t arrive by the lapse of 30 minutes after the appointed time for the second meeting.
Kokonya thus wrote to Shaiye stating that it was not possible for the board to renew his contract, and issued him with a letter to proceed on terminal leave.
The board appointed Willis Okello – chief manager Investments and Programmes - as acting chief executive officer.
The CEO is yet to proceed on terminal leave as directed, being the genesis of the woes at the state agency tasked with multi-billion-shilling projects.
The donor community has written to the Water CS to ensure a stable and apt leadership of the fund.
“The government of Kenya should ensure a transition process and succession planning that is fully transparent and naturally in line with the applicable legislative framework,” the letter reads.
It was signed by envoys from the EU Delegation, Denmark, Sweden, Finland and country director KfW Development Bank.
Edited by Henry Makori