East Africa Portland Cement Company PLC (EAPC) argues that President William Ruto is not a member of its Board of Directors and as such, lacks the authority to make or confirm appointments on behalf of the company’s board.
In a response to a case filed by lawyer Apollo Mboya—who has sued EAPC Board Chairman Brigadier (Rtd.) Richard Mbithi—the company states that a Presidential press release dated December 20, 2024, erroneously named Bruno Oguda Obodha as the Managing Director.
The company secretary emphasized that the President is not mandated to appoint the Managing Director, and any such move amounts to the usurpation of the board’s exclusive powers, making the appointment illegal and irregular.
EAPC’s legal team, led by Head of Legal Services Roselyne Ominde, argued that Obodha only attained 64% in the selection process—below the mandatory minimum pass mark of 70%.
Additionally, they claimed he failed to disclose existing conflicts of interest with the company. In contrast, only one candidate, Mohamed Osman Adan, met the required threshold during the interviews.
According to court documents, Adan was formally appointed as Managing Director on February 12, 2025, and has served in that capacity since.
Lawyer Apollo Mboya’s petition, filed at the Milimani High Court, accuses Chairman Mbithi of attempting to install a new Managing Director in defiance of President Ruto’s earlier appointment of Obodha.
Mboya is seeking a court order allowing Obodha to continue in the role, citing the President’s December 2024 decision.
