Win for Bomas of Kenya CEO as court lifts his suspension, orders unconditional reinstatement

The court also ordered that the CEO be reinstated, pending the hearing and determination of the petition in which Gitaa was suspended for 12 months following recommendations of the Ethics and Anti-Corruption Commission (EACC).

"Considering that no criminal charges have yet been brought against the applicant in terms of section 62 of AECA, 2023 by the 2nd respondent; and keeping in mind that the suspension occurred on 20th November 2023 about five (5) months from the date of this ruling; the applicant has satisfied the threshold required for grant of the interim injunction," the court ruled 

Justice Nduma Nderi ruled that the Gender Cabinet Secretary and Bomas of Kenya simply refer to a recommendation of EACC vide their letter dated November 10, 2023, and to the press issued by the head of public service dated  November 16, 2023.

"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," Justice Nderi noted.

His lawyer Danstan Omari argued that the recommendation by the EACC was marred by irregularities and procedural flaws.

EACC has since expressed its dissatisfaction with the ruling and will appeal against the same in addition to other remedial measures appropriate in the circumstances.

EACC had recommended the suspension of six CEOs, 67 police officers and an accountant at the Kenya Rural Roads Authority (KeRRA) over alleged corruption and procurement irregularities

The other Executives included; Eng. Fredrick Mwamati (CEO, Tanathi Water Works Development Agency), Stephen Ogenga (DG, National Industrial Training Authority), Stanvas Ong’alo (Acting DG, National Museums of Kenya), Benjamin Kai Chilumo (CEO, Huduma Centre Secretariat), and Eng. Anthony Wamukota (GM, Design & Construction, KETRACO).