Missteps that saw Agricultural Development Corporation end up with two top bosses

For four days leading to September 18, the Agricultural Development Corporation (ADC) had two acting managing directors, the culmination of a comedy of errors in the State firm’s recruitment process.

The ADC’s board on September 14 held a special meeting and resolved to appoint Samuel Bundotich as acting managing director to replace Mohammed Bulle, who has held the position for over four years. Mr Bulle’s term was to end on the same day, and he was expected to hand over to Mr Bundotich.

But the State corporation had not sought authorisation from Agriculture Cabinet Secretary Mithika Linturi or Head of Public Service Felix Koskei as required by rules that came into force in November last year.

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Mr Koskei last year ordered all parastatals to seek permission from their parent ministries and his office before appointing anyone to management positions, even in acting capacity.

Candidates

ADC had on September 6 interviewed several candidates seeking to take over as the substantive managing director and shortlisted three—Wilson Tonui, Naomi Jelimo and Winnie Macharia. Their names were forwarded to Mr Linturi, who was expected to pick the next MD.

On September 15, just a day after Mr Bundotich was appointed temporary boss, ADC sent a reminder to Mr Linturi and pointed out the urgent need to make a decision on the next MD.

Last Monday, ADC board chairperson Abdillahi Alawy wrote to Mr Bulle instructing him not to hand over instruments of power to Mr Bundotich, citing the corporation’s failure to adhere to the November 2022 circular.

“In the meantime, you will continue to handle the duties of that office for seven days until and/or we consult with the Cabinet Secretary, Agriculture and Head of Public Service for concurrence,” Mr Alawy said in the letter to Mr Bulle.

The letter did not cite any board resolution.

On September 20, the board held a special meeting in which Mr Bundotich was listed as the acting MD.

Mr Bundotich took to the floor and thanked the board for appointing him to the position, but said he had been informed by the chairperson, Mr Alawy, that his term had come to an end just four days into the job.

Minutes of the board meeting seen by the Nation indicate that a resolution was made to extend Mr Bulle’s term by three months, or until Mr Linturi appoints a substantive MD.

The board this time justified the extension by stating that it was not aware that Mr Bulle had a running contract with ADC as the head of the technical division that expires in May 2024.

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In a phone interview yesterday, Mr Bulle defended the board’s decision to revoke Mr Bundotich’s appointment and instead extend his tenure.

The confusion, he said, may have been brought about by changes in the ADC board. He insisted that there is nothing untoward with the extension, even at 67 years of age as Kenyan law only binds permanent and pensionable workers to retire at 60.

“They (board) considered many things. When there is already a person acting, there is no need to appoint someone else. When the new board came in they did not understand many things. But once they understood these issues, they saw there was no need to appoint someone else in acting capacity,” Mr Bulle said.

Swap offices

He added that the board also considered that appointing Mr Bundotich would see the two individuals swap offices—Mr Bundotich is currently the acting head of the technical division.

Mr Bulle was first appointed acting MD in April, 2019. At the time, he was 63-years-old, and was to briefly hold fort as the State corporation started its search for a substantive office holder.

Mr Bulle’s was also meant to see hold forte as ADC awaited the outcome of a court decision in a case filed by Richard Kipkoech Aiyabei, the former MD, who was unceremoniously kicked out of office in 2019 following allegations of financial impropriety that cost the corporation Sh4.5 million.

But four years later, and now 67-years-old, Mr Bulle is still the acting MD.

Mr Aiyabei sued the State corporation in April 2020 seeking to stop his removal. The High Court stopped ADC from removing him.

ADC challenged Justice Hellen Wasilwa’s decision at the Court of Appeal. In its appeal, the corporation asked that the orders and the High Court suit be suspended. Chief Justice Martha Koome was at the time an Court of Appeal judge and she presided over the matter alongside justices Roselyn Nambuye and Daniel Musinga.

On December 4, 2020 the three judges suspended the High Court order and suit pending determination of ADC’s appeal. This meant that the corporation was free to replace Mr Aiyabei. But ADC stuck with an acting MD for close to five years.

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In February this year, the State corporation’s board finally resolved to kick off the recruitment process and wrote a letter to Attorney-General Justin Muturi seeking to know if there was any legal hurdle on account of the court cases involving Mr Aiyabei.

In May, Mr Muturi responded and gave ADC a go-ahead, arguing that the Court of Appeal had suspended the orders barring recruitment of a new MD.

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