In a letter dated November 20, 2023, the Employment and Labour Relations Court instructed the Bomas of Kenya (BoK) board to 'unconditionally' lift CEO Peter Gitaa Koria's suspension.
In addition, the court mandated that the CEO be reinstated while the case was heard and decided. In this petition, Gitaa was suspended for a year on the advice of the Ethics and Anti-Corruption Commission (EACC).
"Considering that no criminal charges have yet been brought against the applicant in terms of section 62 of AECA, 2023 by the 2nd respondent; and keeping in mind that the suspension occurred on 20th November 2023 about five (5) months from the date of this ruling; the applicant has satisfied the threshold required for grant of the interim injunction," the court ruled.
The Gender Cabinet Secretary and Bomas of Kenya, according to Justice Nduma Nderi, should only cite an EACC recommendation from their letter dated November 10, 2023, and the press release from the head of the public service dated November 16, 2023.
Did you read this?
"In the present matter, the court has not found disciplinary provision applicable to the CEO in the BoK Human Resource Policies and Regulation Manual, revised 2016. All the provisions under part 10.1.5 titled ‘Disciplinary Procedure’ relate to employees of BoK as opposed to the general manager/CEO," Justice Nderi noted.
Danstan Omari's attorney contended that anomalies and improper procedures tainted the EACC's recommendation.
Since then, EACC has voiced its displeasure with the decision and announced that it will appeal it and take other appropriate corrective action given the circumstances.
Due to allegations of corruption and irregularities in procurement, the EACC recommended suspending six CEOs, 67 police officers, and an accountant at the Kenya Rural Roads Authority (KeRRA).
The other executives were Benjamin Kai Chilumo, CEO of the Huduma Center Secretariat; Stephen Ogenga, DG of the National Industrial Training Authority; Stanvas Ong'alo, Acting DG of the National Museums of Kenya; and Eng. Anthony Wamukota, GM of Design & Construction, KETRACO; and Eng. Fredrick Mwamati, CEO of the Tanathi Water Works Development Agency.
