ELDOWAS Managing Director Takes Company to Court Over alleged non-renewal of his contract
The Managing Director of the Eldoret Water and Sanitation Company (ELDOWAS), Peter Kibet arap Biwott , has taken legal action against his employer following non-renewal of his contract.
The case, which has been certified as urgent by Justice Maureen Onyango, is set for an inter partes hearing on September 18, 2024. The respondents have been ordered to file their replies to the application within 21 days of service of the order.
Biwot’s petition outlines several allegations against ELDOWAS citing violations of his rights including the right to life and failures in administrative procedures as envisaged in article 47 of the Constitution. The primary complaint is the company’s failure to conduct an evaluation of Biwott’s performance, which he argues violated his legitimate expectation and hindered the renewal of his contract. Biwott contends that he was not given adequate time to prepare for his performance evaluation, which he deems a violation of his right to fair administrative action. Biwott argues that the action of the Board was premeditated and had a predetermined objective noting that as soon as the Company made an announcement of non-renewal of his contract the Board advertised for recruitment of a new MD two days later.
Among the reliefs sought by Biwott is a declaration that the advertisement for the position of Managing Director of Eldowas, published in the Daily Nation newspaper on July 19, 2024, was irregular, illegal, and in violation of constitutional provisions, rendering it null and void. He further seeks a court order to prevent ELDOWAS from conducting any interviews for the Managing Director position until a proper evaluation of his performance is conducted.
Biwott is also seeking a permanent injunction to stop any recruitment activities for the Managing Director position as advertised, arguing that any appointment arising from this process would contravene the law and should therefore be declared null and void.
Additionally, Biwott has requested a mandamus order compelling ELDOWAS to comply strictly with the constitutional requirement for fair administrative action by conducting a fresh evaluation of his performance within 21 days from the date of the court order. He is also seeking compensation for the costs of the suit and interest. The process of evaluation of a Managing Director of a public entity requires the Board to work closely with MD who will come up with self-evaluation report, which will be used by the Board to develop a concurrent Board evaluation tool based on the indicators as per the MD job description and sighed performance contract. The Board will evaluate the MD and write a report that shall be shared confidentially in person and explain the result and the decision of the Board also in writing. By announcing in public in front of the media and in a staff organized meeting, Mr. Biwott argues that it was a premeditated decision also aimed at damaging his reputation against the Board code of ethics and requirements of good corporate governance.
The outcome of this legal battle is likely to impact the leadership dynamics at ELDOWAS, as the company must now navigate these legal challenges while addressing the grievances raised by its Managing Director. All eyes will be on the Employment and Labour Relations Court as it prepares to hear this high-stakes case this month.
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