Kenya: East African Portland Cement MD refused to reinstate sacked staff

Simon Peter ole Nkeri, managing director of East Portland Cement Co, is being sued for contempt of court by five former employees of the company, report the Star (Kenya). The MD refused to reinstate the five workers that a court had said were unlawfully dismissed.

Five months ago, Justice Hellen Wasilwa had directed that Benjamin Nduati, Ibrahim Mugo, Evans Abuga, Desmond Owiyo and Felix Vunga be given back their jobs. She said that they were dismissed unfairly, for lack of adequate reasons and that due procedure was not followed before their termination. The judge had warned that any disobedience or noncompliance with the decree would result in automatic penal consequences.

The sacked employees then filed a suit in Nairobi for the company's MD to be jailed for six months for disobeying the court order.

The claimants' lawyer Edward Oonge filed a certificate of urgency at the employment and Labour relations court in Nairobi on behalf of the sacked workers. He states that the MD has ignored the court order requiring the reinstatement of the five workers.

"The MD has refused to comply with the judgement and decree of this court," the lawyer said, adding that the actions amount to flagrant disobedience of the law.

The workers who have been in the cold for 12 months are also claiming compensation salary in damages and want their boss found guilty of contempt.

The case has been certified urgent and the MD is required to purge the contempt in seven days and show cause why he should not be committed to civil jail.