Trade Cabinet Secretary Peter Munya is facing serious punishment from the courts should the prayers of former Export Processing Zone (EPZ) Chief Executive Officer Fanuel Odede be admissible.
Odede claims that the CS has failed to obey court orders which instructed him to pay the former EPZ boss his pending four-month salary.
“Peter Munya has to be found guilty of contempt of this court orders as there has been established beyond reasonable doubt,” he said.
The former EPZ executive claims that Munya facilitated the disobedience of the court orders subsequently interfering with the administration of justice.
Odede claimed that Peter Munya had no plausible reasons as to why he has not obeyed the court orders issued last December.
Similarly, Odede has accused acting Chief Accounting Officer George Makatelo of failing to facilitate his payment.
However, in his defense, Munya says the court order to pay Odede the said salary is not enforceable as it goes against the principles of legality, effective and efficient management of public finances.
According to the CS, Odede was not working for the period between September 20, 2018 till December 31, 2018.
“There is no evidence or any supporting documentation annexed therein to demonstrate any positive, good faith acts performed by him to facilitates the obedience of this courts clear orders of December 11 2018 as those orders remain disobeyed and ignored by EPZ,”says Munya
Munya also said that he appointed George Makatelo as the EPZ CEO and the accounting officer so as to enable the Authority commence and complete a competitive recruitment process of a substantive CEO as per section 15 of the Guidelines of terms and conditions of service for State Corporations.
“On September 29 2018, I appointed the Makatelo as an acting Chief Executive officer and it was well within my mandate as the term of the former CEO has expired,” Munya argues
In December last year, Justice Hellen Wasilwa issued a court order directing Munya to withhold the appointment of George Makatelo to replace Odede.