It is a win for suspended Bomas of Kenya CEO Peter Gitaa Koria after the Employment and Labour Relations court ordered for his reinstatement.

Justice Nduma Nderi directed the Board of Bomas of Kenya to unconditionally lift his suspension which was communicated in a letter dated 20th November 2023 as no criminal charges have been preferred against him.

Koria was suspended following a recommendation by the Ethics and Anti-Corruption Commission (EACC). However he moved to court through his lawyer Danstan Omari arguing that the recommendation by the EACC was marred by irregularities and procedural flaws.

The Judge in his decision noted that the Gender Cabinet Secretary  and the Board  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.

“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 months from the date of this ruling; the applicant has satisfied the threshold required for grant of the interim injunction,” ruled the Judge.

“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,” added the Judge.

ENDS