Employment and Labour Relations Court sitting in Nairobi today dismissed with cost a petition seeking to commit East African Portland and Cement Company boss and others to civil jail.
Justice Lady Linnet Ndolo, while ruling on Lucy Molomet’s application dated December 7, 2016 against EAPCC CEO, Peter ole Nkeri and the EAPCC board for contempt, dismissed it it with cost.
The case that was later roped in with sexual allegations, against Nkeri, by Molomet was thrown out of the window for lack of facts.
Molonket, the head of sales and marketing, had accused Nkeri of harassment and sexual assault.
Through lawyer Tom Ojienda, Molonket had claimed Nkeri sexually assaulted her at her office at around mid-day on August 31. She told the court that the EAPCC chief executive acknowledged the assault through an SMS apology sent on same day at 10pm.
The accusations against Nkeri came barely four months after he was appointed chief executive of the loss-making cement firm, replacing Kephar Tande, who was serving his last term.
She reckoned the sexual misconduct saga prompted her transfer on September 30 to a low profile job as head of special projects.
EAPCC chairman William Lay had defended the CEO against the sexual assault claims in court, arguing that Molonket was moved in a re-organisation of the firm’s executive suite.
Lay said 11 managers were transferred and that she should have complained to the board. Molonket says the harassment case was reported to a board member, Julius Korir, who had the matter discussed on September 21.
Justice Nelson Abuodha had stopped her transfer and directed Industrialisation secretary Adan Mohamed and others listed as interested parties in the case to respond to the suit in 14 days.
The ruling by Justice Ndolo now rests the case after the complainant failed to convince the higher court in her quest for alleged justice.