May 27, 2024


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Court docket halts employment company boss punishment

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Courtroom halts employment agency manager punishment

The Court of Appeal has suspended a determination to punish NEA director-common Edith Okoki. FILE Picture | SHUTTERSTOCK

The Courtroom of Enchantment has suspended a conclusion to punish National Work Authority (NEA) director-common Edith Okoki for allegedly declining to renew the registration of a positions agency.

Ms Okoki experienced been purchased to appear prior to the Work and Labour Relations Court docket for not complying with a directive issued 3 yrs in the past, to renew the certification for Al Hujura Company Ltd.

Justice James Rika experienced purchased Ms Okoki to present herself on a day that was to be fixed by the court but she rushed to the Court docket of Charm, arguing that all purposes for registration of employment businesses and renewal of certificates do not entirely lie with her but are vetted by the Inter-Ministerial Committee.

“If the applicant is sentenced to imprisonment, the operations of the authority will be prejudiced. The implications of such a sentence may be irreversible not only to the authority but to the normal populace. There is, without doubt, wonderful general public curiosity to be served in letting this application,” Justices Daniel Musinga, Abida Ali-Aroni and John Mativo dominated.

Al Hujura sued the NEA and obtained orders in May possibly 2020 directing the governing administration company to renew its licence but the authority failed to comply, prompting the agency to head back again to court, to cite NEA with contempt of court docket.

Ms Okoki, even so, claimed she need to find acceptance from the inter-ministerial committee comprising associates from ministries of Immigration, Labour, Inside and Nationwide Protection, Overseas Affairs, Attorney General and the law enforcement amongst many others.

She mentioned she is also accountable for the day-to-day management of the Authority and in session with the board, she directs the affairs and transactions of NEA. She stated jailing her will affect the operations of the authority.

The application was opposed by the agency via its director Ms Susan Wanjohi, who submitted that the application was a ploy to hold off the case.

She even further pointed out that NEA has in no way appealed from the choice rendered in 2020 or sought orders to suspend the judgement.

“We are consequently content that the applicant has satisfied each limbs for grant of relief,” the judges stated.

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