The Employment and Labor Relations Court has ruled that Kenya Transmission Electricity Company (Ketraco) General Manager Anthony Wamukota's suspension from office was unconstitutional.
Justice Byrum Ongaya stated that the suspension was imposed in breach of fair employment rules, rendering the entire process unprocedural.
The Judge agreed with Wamukota that Ketraco failed to follow its human resource policy and procedures manual when it decided to suspend him from office.
Wamukota maintained that the company's Human Resource and Advisory Committee had the authority to hear and decide on his suspension, but the committee never met to do so.
Instead, the company's board of directors in November last year decided to suspend him for 12 months to allegedly pave the way for a probe into the Loiyangalani-Suswa power line project.
The suspension was made during a special general meeting under the express directions of the Ethics and Anti-corruption Commission
Wamukota said the Ketraco board neither called him nor asked him to respond to any allegations before taking the drastic action.
The Judge in his finding cited various regulations which ought to be adhered to when dismissing or removing a public officer from office.
He said such an officer cannot be removed, demoted or subjected to disciplinary proceedings without due process of law being followed.
This he said was the case of Wamukota as that threshold was not met.
He subsequently directed Ketraco to revoke the suspension of Wamukota and ordered it to pay him any pending salaries, allowances and benefits accrued to him while on the challenged suspension.