Kenya: President Uhuru Kenyatta's decision to sack East Africa Portland Cement Company (EAPCC) chairman Mark ole Karbolo was upheld by the High Court on 21 February 2014.

Justice Mumbi Ngugi ruled that an earlier order stopping the Capital Markets Authority (CMA) and the government from interfering with shareholder resolutions made during a controversial annual general meeting (AGM) on 17 December 2013 did not shield Karbolo.

"I dismiss Karbolo's application," she ruled and directed Karbolo to bear the legal cost incurred by the government while defending the sacking since he was not acting in the interest of EAPCC. The ruling paves the way for Bill Lay to become chairman of the cement company.

The earlier orders were given after CMA suspended the AGM resolutions which were contested by the government, which is EAPCC's majority shareholder, on the grounds that voting was done by a show of hands instead of by the strength of shareholding.

On 7 February 2014 president Kenyatta removed Karbolo from chairing the firm's board and replaced him with Lay. Karbolo went to court on 10 February 2014 and obtained orders stopping Lay from occupying the office, arguing that Kenyatta's action was a breach of court orders. On 20 February 2014 Justice Ngugi said that Karbolo was seeking to exploit the controversy surrounding the shareholders' resolutions to remain in office until end of his term in October 2014.

"Karbolo was trying to protect his own personal interest. Even if the court allows all orders sought by the petitioner, the orders have no impact on Lay and Karbolo," said Justice Ngugi.

In March 2014 Justice Ngugi is expected to deliver a separate ruling regarding the suspension of shareholders' resolutions by CMA.