Court stops Ruto appointee Bruno Obodha from taking reins at Portland Cement
A signpost near the entrance to the East African Portland Cement Company factory in Athi River.
What you need to know:
- Petitioner says that despite assertion that the appointment was made pursuant to the recommendation of the Public Service Commission, there was no iota of evidence of PSC’s involvement in the process.
The High Court has blocked Bruno Oguda Obodha from assuming the position of managing director at East African Portland Cement (EAPCC), following his recent appointment by President William Ruto.
Justice Bahati Mwamuye on Friday blocked Mr Obodha from assuming the post following a petition by Ms Caroline Wambui Mwangi, who argued that the process and criteria triggering his nomination on December 20, 2024, was shrouded in mystery and not accountable to the public.
Ms Mwangi added that despite the assertion that the appointment was made pursuant to the recommendation of the Public Service Commission, there was no iota of evidence of PSC’s involvement in the process.
She said PSC has no constitutional or statutory role in the affairs of EAPCC, and that any unlawful interference and intermeddling with the operations of the public-listed cement manufacturer has far-reaching consequences on the investment landscape and innocent shareholders.
“Pending the inter-partes hearing and determination of the Application dated 02/01/2025, a conservatory order be and is hereby issued restraining Mr Bruno Oguda Obodha...or any other person from assuming the office of Managing Director of the 2nd Respondent or performing any functions whatsoever,” said the judge.
Justice Mwamuye directed that the case be mentioned on February 12 for further directions.
Ms Mwangi pointed out that the MD’s position was declared vacant on October 16, 2024.
The board of directors then advertised for the position but in a press release on December 20, Mr Obodha was announced at the new MD “based on recommendations of the Public Service Commission.”
“The nomination contravenes Article 89.1 of the 2nd Respondent’s Articles of Association which reserves the appointment mandate to the Board of Directors,” she said.
The petitioner further said that appointment through a press release has no legal foundation.
The petition comes a few days after the company’s board of directors failed to ratify Mr Obodha appointment and instead wrote to the CS Trade and Investment, raising concerns of alleged conflict of interest.
“From the foregoing, the actions of the 1st Respondent (Attorney-General), which amounts to an outright abuse of political power, will diminish public confidence in State institutions,” she said in an affidavit.
