High has summoned Kabete Member of Parliament George Muchai in court on Thursday in person to show cause why he should not be jailed for six months for contempt of court for defaming COTU boss Francis Atwoli.
The court issued orders restraining the immediate former deputy George Muchai and the media house from further alleged defamation, publication and distribution of defamatory words and statements.
The court summoned Muchai after Atwoli through lawyer Jesse Oduor told the court the Kabete MP has failed to obey court orders restaining him from defaming Atwoli pending hearing and determination of the suit filed by the court.
Atwoli lawyer showed the court various video clips and one of the local newspaper showing Muchai addressing the press and the case he filed yesterday.
COTU boss moved moved to court seeking over Sh500 million from his former deputy and a media house.He was seeking general and exemplary damages.
The secretary general also want the court to issue a permanent injunction against the media house and Muchai from further alleged defamation, publication and distribution of defamatory words and statements.
Mr Muchai moved to court yesterday seeking the Central Organization of Trade Unions Secretary-General Francis Atwoli, Chairman Rajab Mwondi, Treasurer Rebecca Nyathogora, Trustees Francis Wangara, Joseph Nyabiya and Washington Adongo declared unfit to hold office in the trade union.
Mr Muchai, who is also the Kabete MP, alleges that the six Cotu officials have abused their offices by misappropriating millions of workers’ funds and putting them to personal use.
“The officials are operating unaudited secret bank accounts and have refused to render any returns with the registrar of trade unions as required by the law,” Mr Muchai said.
The Kabete MP also wants Mr Atwoli and the other Cotu officials suspended from office and an order freezing the 15 alleged secret accounts in Nairobi and Kisumu pending the registrar of trade unions’ audit.
He also wants an order directing the registrar to inspect all bank account records and to conduct a forensic financial audit of all bank accounts held by the umbrella trade union.
He swore that in 2013 when some Cotu officials were charged with operating secret bank accounts, he discovered that the senior officials were also involved in the scandal.
“I stumbled upon a forensic audit report which showed Mr Atwoli, Mr Mwondi and Ms Nyathogora operating some accounts in partnership with various donor agencies and development partners. Although the accounts are registered by Cotu, they are using the funds for personal gains,” Mr Muchai swore.
He accused his boss of rallying the entire Cotu board to lock his offices to stop him from accessing the crucial documents showing the alleged fraud.
“They have misappropriated, embezzled Cotu funds and have orchestrated my removal due to my firm stand for transparency and accountability,” he swore.
Justice Nelson Abwotha certified the application as urgent and directed his lawyer, Mr John Khaminwa, to serve all the parties before the hearing on December 22.
Muchai is expected to appear in court in person on Thursday to show case why the court should not send him to six months civil jail for disobeying court order.