Agriculture Cabinet Secretary (CS) Mithika Linturi and two other senior ministry officials have been charged for failing to restore Agro-Chemical and Food Company (ACFC) CEO Ashok Agarwal.
They have been told to appear in person in court on February 21 to be sentenced.
Mr Linturi, Mr Mohammed Bulle, and Timothy Ojwang disregarded a court order instructing them not to relieve Mr Agarwal of his duties, according to High Court Judge Justice Antony Ndung’u.
If the trio fails to appear in court, Justice Ndung’u has threatened to issue an arrest warrant.
According to Justice Ndung’u, the CS and the other two respondents were issued with the injunction barring Mr Agarwal’s removal but disobeyed it.
Although Mr Linturi, Mr Bulle, and Mr Ojwang claimed they were not served with the June 30, 2022 order, the judge said they were lying because they were personally served with it.
Court: Why Linturi Is Guilty
Mr Agarwal of Mehta International Limited (TML) claims to be the sole “manager and technical adviser of ACFC” in the dispute.
According to TML, the contract was not renewed.
“The first contemnor (CS Agriculture) directed the board of directors not to renew the management contract, recruiting a managing director internally with concurrence of the ministry and review the Memorandum and Articles of Association of ACFC,” states Mr Linturi.
Mr Linturi had said his decision to terminate the contract of TML was mooted by the losses incurred over the years by ACDC at the expense of two other shareholders Agricultural Development Corporation (ADC) and Kenya Development Corporation (KDC).
“Any lapse in enforcement of court orders is a sure invite to the breakdown of the law and order and the rule of law as we know it,” the judge wrote in his judgement.
He claimed that neglecting to execute court orders and the law would lead to chaos and the deterioration of the social fabric.
“Any court that fails to enforce its orders has no business conducting any further trial because what value is such a trial if the conclusion is pyrrhic,” Justice Ndung’u added.
The judge decided in his decision that the three are in contempt of court orders imposed on June 30, 2022.