The Ethics and Anti-corruption Commission (EACC) has moved to the Court of Appeal to challenge a judgement revoking the suspension of Kenya Electricity Transmission Company (KETRACO) General Manager of Design and Construction Eng Anthony Wamukota.
EACC says the judgment by the Employment and Labour Relations Court could have far-reaching implications in the ongoing efforts to combat corruption in the country.
Wamukota, alongside several other public servants, were suspended in November 2023 over graft allegations after a directive by the Head of Public Service Felix Koskei.
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Wamukota had moved to court opposing the directive, with the court ruling in his favour.
In its judgement delivered on Monday, April 8, 2024, Justice Byram Ongaya revoked the suspension of the KETRACO official and ordered that he be immediately reinstated back to office and paid all his outstanding salaries and benefits.
"The 1st respondent is hereby directed to unconditionally revoke the suspension of the petitioner from employment and order for his immediate reinstatement or resumption of duty. The 1st respondent is hereby directed to pay the petitioner any pending salaries, allowances and benefits accrued to him while on the impugned suspension. The order hereby issued revoking the letter dated 15th November 2023 suspending the petitioner herein," Justice Ongaya ruled.
EACC's take
EACC says that allowing any of the suspended CEOs and other senior officials back to office could compromise the ongoing investigations into serious economic crimes involving the loss of billions of public funds and adversely affect efforts to prevent theft of public funds.
Four more similar cases are pending in court, with a ruling on a second case expected on April 18, 2024, in another petition filed by Peter Gitaa Koria, the Chief Executive Officer of the Bomas of Kenya.
EACC says the judgement in the KETRACO case may set an adverse precedent that could make it difficult to investigate top officials while they remain in office since they are custodians of crucial documents required for investigations and also supervise potential witnesses in graft cases.
"Take notice that the 3rd respondent (EACC) herein being dissatisfied with the Judgement of Honourable Justice Byram Ongaya delivered on the 8th April 2024, at Nairobi, intends to appeal to the Court of Appeal the whole said Judgement," EACC said in the notice of appeal.
On November 18, 2023, Koskei directed the suspension of 74 public officials including six chief executive officers for alleged involvement in corruption and economic crimes.
The suspended officials include Tanathi Water Works Development Agency CEO Eng Fredrick Mwamati, Bomas of Kenya CEO Peter Gitaa Koria, Director General of National Industrial Training Authority Stephen Ogenga and Acting Director-General, National Museums of Kenya Stanvas Ong’alo.
Others include Huduma Centre Secretariat CEO Benjamin Kai Chilumo, Kenya Rural Roads Authority (KeRRA) accountant Esther Wanjiru Chege and 67 police officers.
The suspensions were effected after EACC recommendations citing the need "to protect the integrity of the investigations".
