The Ethics and Anti-Corruption Commission (EACC) has moved to the Court of Appeal to challenge a judgement of the Employment and Labour Relations Court, delivered Monday, which the Commission says could have far-reaching implications in the ongoing efforts to combat corruption in the country.
The ruling was made in a petition filed by Eng. Anthony Wamukota, General Manager of Design and Construction, is among several top public officials suspended following a directive by the Chief of Staff and Head of Public Service, on recommendations of EACC.
The Commission wanted the officials suspended to protect the integrity of ongoing investigations against them.
However, in the judgment, 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.
But 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.
Engineer Wamukota is among five of the suspended officials who went to Court to challenge their suspension.
The ruling in the KETRACO case is the first one while the second one is expected on 18th April 2024 in another notable Petition filed by Peter Gitaa Koria, the Chief Executive Officer of the Bomas of Kenya.
In a Notice of Appeal filed on Tuesday, EACC says that it is dissatisfied with the Judgement of the Employment and Labour Court in the KETRACO case, which the Commission says 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 the graft cases.
On 18th November 2023, Koskei directed the suspension of 74 public officials including 6 Chief Executive Officers for alleged involvement in corruption and economic crimes.
The suspended officials include:
• 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 suspension arose from recommendations of the EACC to protect the integrity of the investigations.
