Employment and Labour Relations Court has instructed Moran Auctioneers
to auction Portland Cement moveable assets attached under a warrant.
The order issued in Nairobi on August 8 is in execution of a decree in favour of Kenya Chemical and Allied Workers Union in an industrial dispute pitting workers and EAPCC.
The workers won an industrial dispute against their employer over discrepancies in their wages and the court granted them Sh1, 401,587,814.
The court further instructed the auctioneer to return the warrant on or before September 6 with an endorsement certifying the manner in which it has been executed, or reason why it has not been executed.
Portland CEO, Peter ole Nkeri says he is aware of the court ruling in favour of the workers out of a case dating back to 2012 but that the company has no capacity to pay the staff award by the courts.
Speaking at the company offices last week on Friday, Nkeri said part of Sh15 billion bailout money the board is asking from government will be used to cater for the case.
“We have no money right now to pay the workers but we are certain that the moment we are allowed to sell some of our land parcels, we will be able to settle the workers,” said Nkeri.
But as Nkeri was making his point, it has now emerged that even if the government gives Portland a nod to sell off part of the assets, the courts may not allow until after November when some of the land dispute cases touching on EAPCC land will have been resolved.
Nkeri says it is only after the courts will have ruled over impending cases that it will be known what belongs to the company in terms of land asset.
Several land buying companies and developers have sued EAPCC for sitting on their land property and all the cases will be dispensed, hopefully, in November.