A petitioner has moved to court to have New Kenya Cooperative Creameries (NKCC) managing director Nixon Sigey flushed out for being in office illegally.
In court papers, Mr David Adema argues that Sigey was appointed against the law to serve the parastatal in January, despite his two three-year terms coming to a close.
Sigey was first appointed to the position in January 2015 and the three-year contract was renewed in January 2018 ending in December 31, 2020.
“The government circulars instruments determining the two-year tenure in the public service are law and must be obeyed by all and apply equal to all,” said Mr Adema.
The Mwongozo code of governance for State Corporations requires that chief executive officers of parastatals serve a maximum of two terms comprising a maximum cumulative period of six years.
“The petition is not personal dispute. It touches on the interest of many Kenyans whose money is being utilised by Mr Sigey through unconstitutional means,” said Mr Adema.
Mr Adema wants the appointment cancelled on grounds that it was irregular, fell short of a competitive process, lacked public participation and was not gazetted.
He also wants the Labour Relations Court to compel Mr Sigey to refund the State corporation all money paid to him as salaries and other emoluments from January 2021 to the date of determination of the case.