What you need to know:
- Labour Relations Court has directed Peter Gitaa Koria’s suspension be lifted
- Gitaa was suspended over graft accusations
The Employment and Labour Relations Court has directed the CS Ministry of Gender Culture Arts and Heritage and the Board of Bomas of Kenya to unconditionally lift the suspension Peter Gitaa Koria.
The court further ruled that the Bomas Of Kenya CEO be reinstated, pending the hearing and determination of the petition.
“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,” court ruled
Justice Nduma Nderi ruled that the CS-Gender and BoK simply deference to a recommendation of EACC vide their letter dated 10th November 2023 and to the press issued by the head of public service dated 16th November 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,”Court noted
Embattled Gitaa was suspended following a recommendation by the Ethics and Anti-Corruption Commission (EACC)
READ Also: Suspected Burglars Who Stole From George Kinoti’s Son Shop Charged
His lawyer Danstan Omari argued that the recommendation by the EACC was marred by irregularities and procedural flaws which contravene his constitutional rights to equality before the law, fair administrative action and fair trial.
