The Labour Court has lifted the suspension orders of Peter Gikaa Koria the Chief Executive Officer of Bomas of Kenya who was suspended from the position in November last year following the corruption allegations.
In delivering the ruling today, Justice Mathews Nderi ordered the immediate and unconditionally reinstatement of Koria until the hearing of the application premised on the corruption allegation grounds by the Ethics And Anti-Corruption Commission (EACC).
Koria was suspended from his position last year for one year via a letter by the Cabinet Secretary, Ministry of Gender Culture Arts and Heritage dated November 20, 2023.
The court stated that the suspension was done without due regard to process and procedures laid down in law in that ‘the applicant was not accorded an opportunity to be heard violating the rights of audi alteram partem despite the suffering of the applicant to his standing in the society as well as his welfare as a bread winner of his family.’
Justice Nderi stated that the chairperson Board of Bomas of Kenya,(BoK) was not involved by the Cabinet Secretary in the process of getting a comprehensive report of the situation.
“A public state officer may only be suspended if charged before a court of law which is not the case and the Cabinet Secretary and the Ethics and Anti-Corruption Commission (EACC) are involved in witch hunt to frustrate Koria,” read part of the ruling.
Justice Nderi stated that the rights of Mr. Koria to equality before the law and fair administrative action and fair trial have been violated by the respondents and ‘the premature and unsubstantiated suspension will have profound and enduring ramifications on his potential trajectory, public perception, and overall well-being.’
The court stated that there is a need to cease the unfair, unwarranted, and illegal actions by the CS Ministry of Gender Culture Arts, and Heritage to prevent Koria from suffering irreversible harm.
Koria’s suspension was for one year to safeguard the integrity of investigations where he was receiving half pay, full house allowance, and medical allowances pending investigations and determination of allegations made against him.
The letter of recommendation dated November 10, 2023, stated that “the commission conducted investigations in to allegations of procurement irregularity in the award of tender for the supply of cutlery awarded to various companies where the CEO Mr Peter Gitaa Koria has been adversely mentioned since he oversaw the execution of the contract.”
According to the chairperson Board of Bomas of Kenya, his continued being in office was termed to interfere with the smooth provision of documents and facilitation of persons who might be called upon as witnesses by the commission hence the suspension was to be done to preserve the integrity of the investigations.
The chairperson further says that the Board has moved with haste to investigate and ascertain the veracity of the allegations leveled by EACC against Koria by establishing a hoc committee to investigate the matter.
He also stated that the committee held five meetings between December 13, 2023, and January 16, 2024, and it interviewed a cross-section of staff from various departments.
During those meetings, Koria was invited to appear before the committee to shed light on the allegations made against him but he declined to appear before the committee.
In Its determination, the court found no disciplinary provision applicable to the CEO in the BoK Human Resource Policies and Regulations 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.”
Koria will resume the office until the application is heard and determined.