The Labour and Employment Court has extended orders stopping the suspension of Bomas of Kenya General Manager and Chief Executive Officer (CEO) Peter Gitaa Koria.
The judge ruled that it has jurisdiction to hear the matter since it arises from employer and employee disputes.
"Court is of the view that this court has jurisdiction to hear the case and decline the Preliminary objection," court heard.
Further, the court directed that the matter be placed before the labor employment principle Jude to allocate a judge who will proceed to hear and determine the matter.
The judge gave instructions, noting that she would not feel comfortable hearing the case because she was on leave for personal reasons.
Did you read this?
While this was going on, Bomas of Kenya's attorney, Paul Maina, informed the court that although the directives had been given, they could not be followed since an interim CEO had been chosen.
"By the time orders had been issued...an acting CEO had been appointed and therefore the orders were issued after and we were not able to comply with the orders," court heard.
Moreover, the court was told that it was a requirement by the law to avoid disrupting the operation of the organisation because the CEO is a signatory, and in the absence of a CEO, it would be impossible.
"The appointment of an acting CEO does not prejudice the petitioner,” lawyer Paul Maina told the court.
Due to ongoing investigations, Koria was one of the CEOs of State agencies that the Ethics and Anti-Corruption Commission (EACC) recommended be suspended for a year.
By means of solicitors Danstan Omari and Bryan Khaeman, he entered the courtroom, contending that prior to the application hearing, he should contest the suspension.
A special meeting was requested by the chairperson of the Bomas of Kenya Board of Directors, and it was scheduled for Thursday, November 23, 2023.
The troubled CEO demands that the aforementioned special board meeting be called off, claiming that his suspension was "marred with illegalities and procedural irregularities."
“...unless this Honorable Court moves with celerity and arrests the illegalities and injustices occasioned by the Respondents, the Applicant (Mr. Koria) shall suffer irreparable harm as their right to equality before the law, fair administrative action and labor rights will be curtailed,” the lawyers said.
