Trade CS Peter Munya risks hefty jail term for contempt of court

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Former Export Processing Zone (EPZ) Chief Executive Officer Fanuel Odede on Thursday filed contempt of court charges against Trade Cabinet Secretary Peter Munya.

Kidenda claims Munya is in contempt of court for failing to effect his salary for September to December 2018, as was ordered by Justice Hellen Wasilwa of Employment and Labour Relations Court.

“It is beyond any reasonable doubt that Munya is in contempt of court,” he says in his court documents.

Through lawyer Dunstan Omari, Kidenda claims that Munya has facilitated the disobedience of court orders and substantively interfered with the administration of justice.

He added that the Trade CS  has since not offered any plausible reasons as to why he has not obeyed the orders of the court issued in December.

At the same time, Kidenda has accused acting chief executive officer George Makatelo for not facilitating his payment.

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According to a letter attached to the court documents from the then Trade Cabinet secretary Adan Mohamed, it shows that Kidenda’s term was to end on September 20, 2018 but he reappointed him extending his term for three years following recommendations from the board of directors on a decision made on July 6, 2018.

Adan said he communicated the reappointment in time for the purpose of ensuring continuity of operation at the Authority according to powers bestowed upon him by section 6(1)of EPZ Act.

In replying affidavit, Munya says the court order to pay Kidenda’s salary goes against the principles of legality, effective and efficient management of public finances as provided for in the Public Finance Management Act.

He argues that Kidenda was not working for the said period adding that he appointed Makatelo as per Section 15 of the guidelines of terms and conditions of service for State corporations.

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