When the judge entered the courtroom, Mr Kandie believed that the ruling will be in his favour forgetting that his “god” fathers are out of power. The ruling reads in part “I do allow application dated 15th February 2023 and impose upon the Respondent’s director general and chief executive officer a fine of Kshs 100,000 (One Hundred Thousand Shillings) for being in contempt of court orders of 30th June, 2022. The said fine to be paid within thirty (30) days failing which the Respondent shall be committed to civil jail for a period of three (3) months”
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The Kenya Rural Roads Authority (KeRRA) Director General Eng. Philemon K. Kandie was last week sent to civil jail for three months for contempt of court. The Employment and Labour Relations Court judge M. Mbaru in a ruling delivered in open court at Mombasa on 28th March 2023, found Mr Kandie guilty.
Mr Kandie was present in the court, he could not believe his eyes when the ruling was read out. He couldn’t believe that a junior employee who was unlawfully sacked on his instructions could send him to jail. Sources say Mr Kandie is an arrogant man who believes he is untouchable, especially during former president Uhuru Kenyatta’s presidency and due to his closeness to his “god” father Gideon Moi and ODM leader Raila Odinga.
Mr Kandie sat pensively in court and was seen making calls to someone believed to have been Gideon Moi. He seems to have forgotten that Gideon Moi, Raila Odinga and Uhuru Kenyatta were no longer in power and that they no longer calling the shots. Due to his arrogance, this is not the first contempt a court ruling has gone against Mr Kandie. He is one man who believed in pushing buttons within the corridors of power to have his way anytime and anywhere.
When the judge entered the courtroom, Mr Kandie believed that the ruling will be in his favour forgetting that his “god” fathers are out of power. The ruling reads in part “I do allow application dated 15th February 2023 and impose upon the Respondent’s director general and chief executive officer a fine of Kshs 100,000 (One Hundred Thousand Shillings) for being in contempt of court orders of 30th June, 2022. The said fine to be paid within thirty (30) days failing which the Respondent shall be committed to civil jail for a period of three (3) months”.
What surprised Mr Kandie is the fact that the judge further gave orders that he should not use KeRRA funds to pay the fine. The ruling reads “The fines above shall be paid personally by Eng. Philemon K. Kandie pursuant to Article 226 (5) of the Constitution”. Margaret Wanjiru had filed an application dated 15th February 2023 to order the Director General of KeRRA to personally attend court to show cause why he should not be committed for contempt of court for blatantly disobeying the court’s decree (orders) given in the judgment delivered on 30th June 2022.
According to court papers, the ever-arrogant Kandie had previously disobeyed orders in ELRC E027 of 2021 by refusing to reinstate Margaret Wanjiru. According to Wanjiru, since 30th June 2022 when the judgment was issued, there is no reinstatement or payment of the due salaries as the court directed.
Kandie in an affidavit claimed that a meeting was held on 15th February 2023 on the implementation of the court orders herein where the petitioner was present and it was resolved that the petitioner would reconcile her salary arrears with the salaries department so that payment is affected end of February 2023. He further stated that he had given orders that Wanjiru should report back to the state department of Roads, Ministry of Roads and Transport where she had been discharging her duties.
