The father of the Moipei sisters risks six months imprisonment after being found guilty of disobeying a court order.
Nicholas Moipei, who is the chairman Governing Council of the Kenya Cultural Centre, is alleged to have illegally dismissed acting chief executive officer Edwin Gichangi even after the court ordered against it.
Gichangi then moved to the court seeking to commit Moipei and Benson Kimoni, who is acting CEO, to prison for disobeying the July 5, 2018, court order.
“The court, after considering all the facts placed before it, comes to the conclusion that Moipei was in contempt by wilfully disobeying a valid court order he was aware of,” the court ruled.
However, the court did not find Kimoni in contempt as had been claimed by Gichinga.
The court further directed Moipei to appear in court for mitigation and sentencing on Monday next week.
The court had ordered the Kenya Cultural Centre to unconditionally lift the Gichinga suspension from employment and further ordered for his immediate reinstatement and restoration of all assets bestowed on him by virtue of his office.
Justice Stephen Radido in his verdict ruled that there was in deed an order made by the court on July 5 last year directing the centre to reinstate Gichinga pending the hearing and determination of the dispute lodged.
"It cannot be said that the order was ambiguous or not clear as it directed that the suspension of the Gichinga be lifted and he be restored to office," he ruled.
“The assertion by Moipei that there was no order restraining the termination of the Gichinga’s employment has no factual or legal backing, considering that no fresh allegation or charges were put to him."
The court also noted that Moipei received the order because he wrote to Gichinga informing him that he had received the court order and was consequently lifting the suspension.
Despite having acted on the court order, Moipei invited Gichinga to attend a disciplinary hearing on July 9 last after a previous hearing scheduled through a letter dated June 19 had aborted.
Gichinga declined to attend the hearing arguing that there was a court order in force and he would not submit to the jurisdiction of the disciplinary panel when there was an order.
“Despite the misgivings by Gichinga, the council met under the chairmanship of Moipei and resolved to dismiss him from employment on the same allegations,” the judge ruled.
Moipei had defended their move, saying that there were new grounds for taking disciplinary action against Gichinga but the judge noted that that would have constituted or requited a fresh disciplinary process which was never done.
Moipei had also argued that the order was directed to the centre and not the council members and, therefore, it was wrong for him to be cited for contempt.
The judge said being chair of the council Moipei was aware of the agenda of the meeting and the court order but he did not tell the council that there was an order.
“Nevertheless and in spite of having been served or being aware of the court order, Moipei went ahead to superintend over an agenda contrary to a valid court order," he said.
