Bomas of Kenya CEO Reinstated After Court Overturns Suspension

The Employment and Labour Relations Court has ordered the unconditional reinstatement of Bomas of Kenya CEO Peter Gitaa Koria, overturning a 12-month suspension recommended by the Ethics and Anti-Corruption Commission (EACC) over alleged corruption and procurement irregularities.

The court ruled that since no criminal charges have been brought against Gitaa, and the suspension occurred about five months ago, the threshold for granting an interim injunction has been satisfied.

Justice Nzioki wa Makau noted that the disciplinary provisions in the Bomas of Kenya Human Resource Policies and Regulation Manual do not apply to the CEO position.

"The court has considered the rival arguments and finds that the applicant has satisfied the threshold for grant of an interim injunction," stated Justice Makau in the ruling. The court ordered the Bomas of Kenya board to unconditionally lift Gitaa's suspension and reinstate him pending the hearing and determination of the case.

The EACC has expressed dissatisfaction with the court's decision and announced plans to appeal against it, in addition to pursuing other remedial measures. "The commission is dissatisfied with today's ruling by the Employment and Labour Relations Court that has ordered the reinstatement of Bomas of Kenya CEO," the EACC stated. The anti-corruption watchdog had previously recommended the suspension of six CEOs, 67 police officers, and an accountant at the Kenya Rural Roads Authority over similar allegations of corruption and procurement irregularities.

Why this matters: The court's decision to reinstate the Bomas of Kenya CEO despite the EACC's suspension recommendation highlights the importance of due process and the presumption of innocence in corruption cases. It also underscores the need for anti-corruption agencies to gather sufficient evidence and press criminal charges before imposing disciplinary measures on public officials.

The Bomas of Kenya case is one of several recent instances where the EACC has recommended suspensions or disciplinary action against high-ranking officials over alleged corruption. However, the court's ruling emphasizes that such recommendations must be backed by solid evidence and follow proper legal procedures. The EACC's plans to appeal the decision and pursue other remedies indicate that the battle against corruption in Kenya's public sector is far from over.

Key Takeaways

• Court orders unconditional reinstatement of Bomas of Kenya CEO, overturning EACC suspension.
• Court rules EACC's disciplinary provisions do not apply to CEO position, no criminal charges.
• EACC expresses dissatisfaction, plans to appeal and pursue other remedial measures.
• Court's decision highlights importance of due process and presumption of innocence in corruption cases.
• EACC's recommendations must be backed by evidence and follow proper legal procedures.