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It's a win for Bomas of Kenya CEO Peter Gitaa Koria as court lifts his suspension and orders his immediate and unconditional reinstatement in office.
Today, Justice Nderi Nduma ruled that CEO Koria in his petition challenging his illegal suspension from office, had satisfied the required threshold for grant of the interim injunction to order his reinstatement.
"The applicant has satisfied the threshold required for grant of the interim injunction sought and grants the following orders:-A mandatory injunction is granted directing CABINET SECRETARY, MINISTRY OF GENDER CULTURE ARTS & HERITAGE and CHAIRPERSON, BOARD OF BOMAS OF KENYA to unconditionally lift the suspension of PETER GITAA KORIA from employment communicated vide a letter dated 20th November 2023 and order for his immediate reinstatement, pending the hearing and determination of the petition." ordered Justice Nduma.
It was the Judge's finding that considering that no criminal charges have yet been brought against Koria in terms of section 62 of AECA, 2023 by the Ethics and Anti-Corruption Commission, and keeping in mind that the suspension occurred on 20th November 2023, the threshold for stopping the said suspension had been met.
"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. The CS in the present matter and BoK simply paid deference to a recommendation of EACC vide their letter dated 10th November 2023 and to the press issue of the 3rd respondent, dated 16th November 2023." said Justice Nduma.
The Judge further said that the suspension of CEO Peter Koria being disciplinary in nature ought to have been initiated by the Board before the action taken by the Cabinet Secretary.
Koria was among CEOs of State agencies who were suspended for 12 months following recommendations by the Ethics and Anti-Corruption Commission (EACC) due to ongoing investigations against them.
The respondents in the matter include EACC, Public Service Commission, Chief of Staff and Head of Public Service, Office of the President and Chairperson Board Bomas of Kenya.