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The suspension of Bomas Of Kenya CEO, Peter Gitaa Koria, has been lifted by the court, ordering his immediate and unconditional reinstatement to his position.
Today, Justice Nderi Nduma delivered the ruling, stating that Koria had met the necessary requirements for an interim injunction to overturn his suspension.
“The applicant has satisfied the threshold required for grant of the interim injunction sought,” Justice Nduma declared, “A mandatory injunction is granted directing the Cabinet Secretary, Ministry of Gender Culture Arts & Heritage, and Chairperson, Board of Bomas Of Kenya, to lift Peter Gitaa Koria’s suspension communicated via a letter dated 20th November 2023 and to reinstate him immediately, pending the hearing and determination of the petition.”
The court’s decision was influenced by the fact that no criminal charges have been brought against Koria under section 62 of the AECA, 2023 by the Ethics and Anti-Corruption Commission (EACC). Considering the suspension occurred on 20th November 2023 and the absence of criminal charges, the court found that the threshold to halt the suspension had been met.
Justice Nduma also highlighted that the BoK Human Resource Policies and Regulation Manual, revised in 2016, did not contain disciplinary provisions applicable to the CEO. “All the provisions under part 10.1.5 titled ‘Disciplinary Procedure’ relate to employees of BoK as opposed to the general manager/CEO,” the judge noted. He further pointed out that the suspension, being disciplinary in nature, should have been initiated by the Board before the action taken by the Cabinet Secretary.
Koria was among several CEOs of State agencies who were suspended for 12 months based on recommendations by the Ethics and Anti-Corruption Commission (EACC) due to ongoing investigations.
Respondents in the case included the EACC, Public Service Commission, Chief of Staff and Head of Public Service from the Office of the President, and the Chairperson of the Board of Bomas Of Kenya.
With this court ruling, Peter Gitaa Koria is set to resume his duties as the CEO of Bomas Of Kenya, pending further legal proceedings related to the petition.