Political activist Okiya Omtatah has moved to court seeking to disband the entire board of the Agricultural Development Corporation, stating that they were handpicked instead of being subjected to a transparent process as required by law. This has come at a time former managing director Richard Aiyabei who was suspended by the board wants his job back. Although the board was appointed in June 2018, Omtatah said the positions required that they are filled in a competitive manner.
Among the persons Omtatah wants to be quashed is the chairperson Benjamin Cheboi and board members Jean Njiru, Gladys Ngao, John Owuor Onyango, Hassan Osman, Tabitha Mbungu, Martin Ogindo, Paul Kibet Chebor, Roba Duba and Peter Chemuigut. The activist is also challenging the appointment of Mohammed Bulle as the acting managing director of the ADC, who was appointed to the office by the board contrary to government policy on secondment.
Omtatah alleges in the petition filed at the Employment and Labour Relations Court that the members were simply handpicked and appointed contrary to the law which requires that public office be filled “through a transparent, competitive, inclusive, and merit-based recruitment process open to public participation”.
The national executive simply handpicked and appointed the chairperson and the nine independent members of the board contrary to the law which requires that public office be filled through a transparent, competitive, inclusive, and merit-based recruitment process open to public participation. “The cabinet secretary acted ultra vires and in vain when, contrary to sections 5(1)(b) & (e) of the ADC Act, the cabinet secretary failed to stagger the appointments of the 10 board members by providing for different retirement dates for the members of the board.
Following this incident last month the minister of Agriculture Peter Munya appointed Bulle as acting managing director of ADC with effect from April 14, 2020, for a period of three months or until the post is filled substantively whichever comes early. “Following the recent court order restraining ADC, servants and agents from interfering with the peaceful performance of duties by the former managing director of ADC, I wish to clarify and state that, despite the existence of this court order, the employment contract of the former MD expired and as such, this court order cannot purport to extend the former MD’s term outside his contractual period,” the minister said in a letter written acting managing director Bulle and dated on April 14, 2020.
Richard Aiyabei
This has come at a time when sacked former managing director Aiyabei is struggling to be reinstated by the Ministry of Agriculture after obtaining a court order. However, the court order was rejected by the board of directors led by board chairman and immediate former Baringo governor Benjamin Cheboi arguing that the former MD’s contract had expired on March 31, 2020. “The contract of this man Aiyabei expired and he has no business in ADC,” the chairman told the press in Kitale. Local seed farmers led by Robert Maikuma and Jacob Werunga staged a peaceful demonstration at Sabwani ADC farm in Endebess where they condemned the former MD accusing him of sabotaging farm activities this season.
They warned him to keep off ADC affairs and give the current management time to operate peacefully. “ADC is not a bedroom of one community being appointed to the top seat. Let even a Somalia be the MD,” the two said and asked Munya to appoint Bulle as the new MD and forget about Aiyabei. Aiyabei’s tribulations started September last year when the board sent him on compulsory leave following alleged fraud of Sh4.5million said to have been paid to a contractor without the approval of the board.
Benjamin Cheboi
The board then in a letter dated Ref MD/11/C/MB to the Director of Criminal Investigations asking for investigations into loss of Sh4.5 million being public funds by the corporation. In a letter dated 11th May 2020 the DCI wrote to the managing director of ADC saying they are investigating a case of alleged fraud with respect to your complaint letter MD/11/c/MB. “To facilitate timely completion of the investigations, kindly make arrangements of the under listed staff who were involved in the transactions in deferent stages to record their statement as from 25th May 25, to May 29, 2020,” the letter from DCI said in part. The staff who recorded statements included Sarah Ngere in-charge of budget preparation, Morris Adwati a signatory, Jonathan Keittany in charge of internal audit department, Josiah Mutuku a cashier and Gerald Maina, custodian of procedure of making payments. Last week, Aiyabei’s efforts to take over his former office were resisted by security and hired goons who ejected him out of the office at development house. He refused to comment over the matter when we reached him for comment
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