EACC appeals decision to revoke suspension of KERTACO GM Wamukota » Capital News
NAIROBI, Kenya, Apr 10 — The Ethics and Anti-Corruption Commission (EACC) has filed an appeal against the April 8 judgement revoking the suspension of KETRACO General Manager Anthony Wamukota.
In a statement on Wednesday, EACC said it is dissatisfied with the judgement delivered by Employment and Labour Relations Court Judge Byram Ongaya, saying it will jeopardize ongoing investigations.
Wamukota, General Manager in charge of Design and Construction, is among several top public officials suspended following a directive by the Chief of Staff and Head of Public Service Felic Koskei on recommendations of EACC.
The officials were suspended to protect the integrity of ongoing investigations.
EACC said the court ruling could have far-reaching implications on ongoing efforts to combat corruption in the country.
“The reinstated graft suspect is among 74 officials, including 6 Chief Executive Officers, suspended from office in November 2023 on recommendations of EACC to pave way for investigations into their alleged involvement in theft or loss of public funds,” read the statement.
EACC said the decision to appeal is informed by the overwhelming public interest in keeping the graft suspects away from office to safeguard the integrity of the investigation process.
Compromising investigations
The Commission stated that allowing any of the suspended CEOs and senior officials back to office could compromise ongoing investigations into serious economic crimes involving loss of public funds.
“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,” the agency asserted.
“This includes situations where, by virtue of their positions or other considerations, the officer may conceal, alter, destroy, or remove records, documents or evidence; or intimidate, threaten or otherwise interfere with witnesses; or compromise investigations in any other manner.”
Justice Ongaya ordered the immediate reinstatement of the KETRACO General Manager and payment of all his outstanding salaries and benefits.
Ongaya said the suspension was illegal and did not follow procedure.
“In conclusion judgement 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 ab initio (from the beginning),” the judgement read.
Wamukota was suspended for alleged procurement irregularities related to a contract for the construction of the 400KV Loiyangalani Power Project
On November 13 2023, Chief of Staff Koskei directed the suspension of six Chief Executive Officers for alleged involvement in corruption and procurement irregularities within their respective institutions.
He additionally directed the suspension of 67 police officers.
The directives followed recommendations by EACC.
About The Author
