Embattled Export Processing Zone Authority CEO Fanuel Kidenda with his lawyer Danstan Omari outside Milimani Commercial Court on Thursday December 6,2018./PHOTO BY S.A.N.

Trade and Industry Cabinet Secretary Peter Munya has defended his move to replace the CEO of Export Processing Zone Authority Fanuel Kidenda.

In reply to a case filed by Kidenda, Munya said he has the law empowers him to appoint persons to the position, on conditions and terms of employment which shall be determined by the minister.

Munya further confirmed that he visited the corporation’s headquarters where he informed the former CEO of his intention to appoint an acting CEO.

“I further introduced the new acting CEO in the presence of the former and board members and instructed him to hand over to his successor the following day since he contract was expiring on that day,” said Munya.

He termed an alleged re-appointment of Kidenda July 31, 2018 as fraudulent because it was allegedly signed without due process.

Munya added that Kidenda lied as his predecessor (former Minister) was out of the country on the dates of the alleged new appointment.

“My predecessor had travelled to the United States of America on official duty from 7th to 14th July 2018 hence he could not have been physically present to approve, confirm and renew the petitioner’s reappointment.

He argued that the petitioner has not demonstrated that the decision to appoint the new CEO George Makateto was unreasonable, irrational or illegal and neither the petitioners demonstrated that the appointed candidate lacks skills and qualifications.

Munya states that Kidenda was first appointed in September 2015 and the contract was for a fixed period of three years. He added that the contract expired in September 2018 and was not renewed.

However, embattled CEO through lawyer Danstan Omari dismissed Munya’s claims and termed them as malicious and meant to taint the reputation of his client.

Omari said the former Industrialization Cabinet Secretary did receive a letter dated 6th July 2018 from the corporation’s Board communicating a resolution to extend the term of the CEO.

Omari submitted that Aden had travelled outside the country in company of Kidenda and others on official duty when he wrote the letter addressed to the session Chairman informing the EPZA board of the appointment of the petitioner as CEO for another three years and attaches a dully signed gazette notice.

Omari further said Aden is the author of the said reappointment letter and signed the gazette notice and the same are not forged as sensationally stated by Munya.

According to Omari, Aden was still in office on 11th July 2018 when he confirmed the renewal of Kidenda’s contact before handing over cabinet portfolios to Munya.