Daly & Figgis has today, 20th April 2012, successfully obtained a decision from the High Court of Kenya on behalf of its clients, who are four members of the Board of Directors of the East African Portland Cement Company Limited, the Kenyan cement maker that has recently been in the news.
In a decision rendered this afternoon, Justice Mohammed Warsame, Head of the Judicial Review Division of the High Court of Kenya at Nairobi, ruled that the decision by the Minister of Industrialisation in December 2011 to suspend/remove the entire Board of the Company was illegal and amounted to usurpation of the powers of the shareholders. The Judge also termed as “null and void” an attempt by the President of the Republic of Kenya to replace the Chairman of the Board at a time when the case was still pending in court.
Sean Omondi, our Litigation Partner, was instrumental in drafting the pleadings and successfully argued the case that the Minister had no power to suspend/remove the Board.
We are pleased to have been able to obtain a favourable result for our clients and are committed to delivering the very same level of service to all our clients.