The Employment and Labor Relations Court's ruling, delivered on Monday, is being challenged by the Ethics and Anti-Corruption Commission (EACC) in the Court of Appeal. According to the Commission, this ruling could significantly impact the nation's ongoing efforts to combat corruption.
The decision was reached in a petition submitted by the General Manager of Design and Construction, Eng. Anthony Wamukota was one of several high-ranking public servants suspended as a result of a directive from the Chief of Staff and Head of Public Service based on EACC recommendations.
The Commission wanted the officials suspended to preserve the integrity of the ongoing investigations against the officials.
Judge Byram Ongaya, however, overturned the KETRACO official's suspension in the ruling and mandated that he be promptly restored to his position and compensated for all unpaid wages and benefits.
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However, according to EACC, restoring any of the CEOs and other senior officials to their positions could jeopardize ongoing investigations into major economic crimes involving the embezzlement of billions of public funds and negatively impact initiatives to stop public fund theft.
Five suspended officials, including Engineer Wamukota, filed a court challenge to their suspension.
The first ruling is in the KETRACO case, and the second is anticipated on April 18, 2024, in a significant petition filed by Peter Gitaa Koria, the CEO of the Bomas of Kenya.
In a Notice of Appeal submitted on Tuesday, the EACC expressed displeasure with the Employment and Labour Court's ruling in the KETRACO case. The Commission claims that this ruling could create a harmful precedent that could make it challenging to look into high-ranking officials while in office, as they are in charge of essential documents needed for investigations and may supervise witnesses in graft cases.
On November 18, 2023, Koskei ordered the suspension of 74 public servants, including six chief executive officers, due to allegations of economic crimes and corruption.
Among the suspended officials are:
• Eng Fredrick Mwamati, CEO, Tanathi Water Works Development Agency
• Mr. Peter Gitaa Koria, CEO, Bomas of Kenya.
• Eng. Antony Wamukota, General Manager, Design & Construction, Kenya Electricity Transmission Company Limited(KETRACO)
• Mr Stephen Ogenga, Director General, National Industrial Training Authority
• Mr. Stanvas Ong'alo, Acting Director-General, National Museums of Kenya
• Mr. Benjamin Kai Chilumo, CEO,Huduma Centre Secretariat
• Ms Esther Wanjiru Chege, Accountant, KeRRA
• 67 Police Officers suspended
The EACC's recommendations to preserve the integrity of the investigations led to the suspension.
