The Ethics and Anti-Corruption Commission (EACC) has challenged the reinstatement of Kenya Electricity Transmission Company Limited (KETRACO) General Manager Antony Wamukota back in office.
The boss was suspended from office in 2023 for his involvement in theft or loss of public funds.
Through a petition at the Court of Appeal, EACC noted that they were dissatisfied with the ruling by the Environment and Labour court.
The Commission further argued that the reinstatement gives the suspect leeway to conceal, alter, destroy, and remove records, documents or evidence.
In 2023, on the recommendation of EACC, 74 officials among them six Chief Executive Officers, were suspended from office.
“Under Section 42(7) of the Leadership and Integrity Act, 2012 as read with Regulation 25 of the Leadership and Integrity Regulations, 2015, a public official may be suspended from office pending the investigation and determination of allegations made against them where such suspension is considered necessary,” EACC notes.
The commission further noted that it was in the public's interest to bar the reinstatement and to keep the graft suspects away from office to safeguard the investigation processes.
In a ruling passed on Monday, Justice Byram Ongaya revoked the suspension of Wamukota from office. He termed the suspension as illegal and did not follow the procedure.
“In conclusion, judgment is hereby entered for the petitioner against the respondents for the declaration that the suspension of the petitioner was irregular, unprocedural, illegal and unconstitutional hence null and void,” the judge ruled.
"The order hereby restrains the respondents by either themselves, employees, servants or agents from terminating the employment of the petitioner based on the illegal suspension," Justice Ongaya added.
On November 15, the board of directors of the state-owned KETRACO suspended Wamukota for 12 months, following an investigation into his involvement in the Loiyangalani-Suswa power line project.
“My illegal suspension was a planned, and predetermined decision influenced by the Ethics and Anti-Corruption Commission in which KETRACO’s board deliberately decided to overlook and flout its Human Resource Policy and Procedures Manual by taking the most distasteful decision of illegally and immediately suspending me,” Wamukota stated in November during his petition following the suspension.
