Chemelil Sugar cane farmers told to accept the removal of MD

 

A worker at the Chemelil Sugar Factory weighs a sugar that the company has processed. Cane Suppliers have been urged to accept the court decision dismissing the immediate former MD Gabriel Nyangweso for allegedly staying in office illegally-Photo Courtesy

By Dickson Odhiambo

February 17, 2023

Chemelil Sugar cane farmers told to accept the removal of MD

SUGAR CANE Farmers supplying Chemelil Sugar Factory in Kisumu County have been told to accept the recent court's decision that dismissed the Managing Director Gabriel Nyangweso for allegedly being in the office illegally.

A crusader on Sugar reforms in the Country Richard Ogendo says the Sugar cane farmers should be fully contented with the recent court decision that dismissed Nyangweso for being in the office illegally and unconstitutionally.

Speaking to this writer, Ogendo said the court has pronounced itself and such a decision should be abide by and those who are aggrieved should seek legal redress by appealing against such a court decision.

Ogendo has urged the immediate former Managing Director Gabriel Nyangweso to talk to sugar cane farmers agitating for his comeback to the factory as Managing Director to shelve such a mission and fully support the current Managing Director Jacqueline Kotonya who has been appointed in an acting capacity for one month as the Ministry of Agriculture looks for the recruitment of a substantive Chief Executive Officer.

Ogendo has asked the farmers to give the new Cabinet Secretary for Agriculture Mithika Linturi a latitude and support to put back the limping state owned sugar factory to the right track.

“The Sugar cane farmers should let the Government handle matters of management of the Chemelil Sugar factory as this is not in their domain,” Ogendo says.

He urges the farmers to continue supplying the cane to the factory for its sustainability.

Ogendo’s sentiment comes barely a day after Sugar cane farmers supplying Chemelil Sugar Company with cane threatened not to deliver their produce until the ousted MD is reinstated by the Government.

Yesterday, Sugar cane farmers supplying the commodity to Chemelil Sugar Company in Kisumu County have threatened not to deliver their produce to the factory until the Government reinstate ousted Managing Director.

This is one of the resolutions the farmers have come up with after having a meeting within the Chemelil Sugar Company today.

Addressing the media after their stakeholders meeting, the Sugar cane farmers says the Government should consider reinstating the immediate former Managing Director of the Company Gabriel Nyangweso whom the court recently ruled that he is in the office illegally after acting for more than five years as the Chief Executive Officer of the company.

Tom Okal who is a sugarcane farmer and read the resolution on behalf of the farmers said they are moving to court be enjoined in appeal case challenging the court decision that declared Nyangweso’s staying in office as Managing Director illegal.

They have further said they don’t recognize the recent appointment of Jackeline Kotonya as the Acting Managing Director for the next one month, adding that she previously held such a position in an acting capacity and allegedly failed to pay the sugarcane farmer’s arrear.

They say should there be a plot to forcefully put her to the office as the Managing Director in an acting Capacity then they will have no any other option other than withdrawing their supply of sugarcane to the factory.

The Farmers have also resolved to have a meeting with the elected leaders from the Nyando sugar belt so as to discuss the issue in an amicable manner.

The farmers claim that there is a conspiracy to put the Chemelil Sugar factory and other four state-owned millers under privatization without involving them as a major stakeholder.

They have also said they will move to court to file a matter under the certificate of agency so as to be granted orders setting the pending cases and seek the reinstatement of the immediate former Managing Director to office.

The Farmers say the Managing Director used to pay them promptly after every week of delivering the cane, adding that sugarcane transporters have also been benefiting from the prompt payment under Nyangweso’s leadership.

The Chemelil Sugar Company has appointed its Quality Assurance Manager Jacqueline Kotonya as an acting Managing Director for the next one Month as the Ministry of Agriculture looks for a substantive office holder.

She has been appointed so as to replace the immediate former Managing Director Gabriel Nyangweso whom the court has dismissed for being in acting capacity for more than five years.

Nyangweso was appointed the Acting Managing Director of the State-owned Sugar miller in 2017 in an acting Capacity.

His promotion and that of the retired Head of Finance Emmanuel Ngala were recently quashed in court after a petition filed by Caleb Gichana.

The Petitioner challenged the legality of the two staying in office on grounds that they had not been recruited under a competitive process, adding that their continued stay in office was unlawful and unconstitutional since it was done without proper gazette notices, pointing at a violation of the Articles 10 and 232 of the Constitution of Kenya 2010.

Justice Stephen Radido while delivering the ruling pointed out that the Ministry of Agriculture neglected its duty and did not constitute the Board of Directors for Chemelil Sugar Company.

The Court ordered the Ministry to appoint or advertise for the recruitment of the Company’s Board of Directors.

The Court also ordered for the advertisement of the recruitment of the Company’s Chief Executive Officer cum Managing Director.

The law requires that the Board once constituted will then embark on the recruitment of the Company’s next CEO.

Then Agriculture Cabinet Secretary Peter Munya dissolved the Boards of three State owned-sugar companies on July 16,2020 namely Nzioa, Chemelil and Sony with an aim of giving room for the leasing process and handing over the management to private entities.