Ezekiel Mutua Ordered to Refund Ksh 27M Earned from Disputed Pay Rise

Former Kenya Film Classification Board CEO Ezekiel Mutua, on July 9, was ordered to refund Sh27 million earned from an irregular salary increase during his second term.

The directive was issued following a ruling by the State Corporations Appeal Tribunal in late June 2025, which upheld a surcharge imposed by the Inspectorate of State Corporations (ISC) on 8th October 2024.

The ISC had flagged the increase as a loss of public funds, stating that Mutua’s monthly salary had been irregularly raised from Sh348,840 to Sh1,115,850 without due approvals.

“The Appellant served as the Chief Executive Officer and member of the Kenya Films Classification Board, a statutory body created under The Films & Stage Plays Act Cap 222, for two terms between 26th October 2015 and October 2021,” read part of the judgement.

The unlawful salary increment of Ezekiel Mutua 

The Cabinet Secretary of Sports and Heritage, vide a letter dated 30^th April 2019, wrote to KFCB and advised the board not to implement the increment,” the recorded statement explained.

According to the tribunal, the salary increment was implemented unlawfully and without input from the Salaries and Remuneration Commission (SRC), the State Corporations Advisory Committee (SCAC), or the Cabinet Secretary as required by the State Corporations Act.

“Inspectorate of State Corporations noted that the board’s decision to increase the CEO’s salary was on a ‘personal to self’ basis was unlawful and irregular and that Mr. Mutua ought to be surcharged as a consequence, having sat in the Board and benefited directly,” read part of the ruling.

Mutua’s second term began on 26th October 2018, after the KFCB board renewed his contract despite an earlier rejection by the Sports and Heritage Cabinet Secretary.

The illegal contract renewal

In a letter dated 29th May 2018, the Cabinet Secretary had explicitly stated that he did not intend to renew Mutua’s term.

“However, and contrary to the Cabinet Secretary’s response, the board, through a letter of 7th June 2018, went ahead to renew the contract of Mr. Mutua as the CEO for a further three years,” the tribunal stated.

Also Read: MCSK Confirms Firing Ezekiel Mutua as CEO

The Board’s Human Resource and Administration Committee later met on 31st January 2019 to deliberate on Mutua’s salary increment.

Although there were differing opinions, the majority voted in favour, and a letter seeking approval was sent to the Cabinet Secretary, who rejected the proposal in response dated 30th April 2019.

Ezekiel Mutua to refund the illegal pay rise

“The Cabinet Secretary also directed the Board to recover any amounts that may have been paid in respect of the proposed salary increment in case the Board had implemented it,” the ruling said.

However, the board ignored the directive, and in his defence, Mutua claimed he acted in good faith.

Also Read: Why Ezekiel Mutua Has Been Barred from Accessing MCSK Bank Account

“I continued to work and earn a salary without any objections, reservations and or queries from the Cabinet Secretary,” he said, arguing he believed he had been legitimately appointed.

Board member Nehemiah Kipkoech was also surcharged for participating in the irregular approval.

The tribunal ruled the entire process violated laid-down procedures and was null and void.

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