The Employment and Labour Relations Court has revoked the suspension of Kenya Transmission Electricity Company (Ketraco) General Manager Anthony Wamukota from office, declaring it unlawful.
In his ruling, Justice Byrum Ongaya stated that the suspension violated fair labor practices, rendering the entire process unprocedural.
The judge concurred with Wamukota’s argument that the company disregarded its human resource policy and procedures manual in deciding to suspend him.
He emphasized that such actions cannot be taken against an officer without following due process of the law.
Court Ruling of KETRACO Boss
Consequently, the court directed Ketraco to lift Wamukota’s suspension and mandated it to settle any pending salaries, allowances, and benefits accrued during the contested suspension period.
Additionally, the court issued an order revoking the decision contained in a letter dated November 15 directing the company’s board to suspend Wamukota.
Also Read: NTSA Suspends Licenses of Two Popular Shuttles
On November 15, 2023, the board of directors of the state-owned Ketraco suspended Wamukota for 12 months.
The suspensions were made was aimed at paving way for investigations into the Loiyangalani-Suswa transmission Interconnection (II) line project.
Anthony Wamukota Suspension
In his defence, Wamukota argued that the Board made the decision under express directions from the Ethics and Anti-Corruption Commission (EACC).
“My illegal suspension was a planned, and predetermined decision influenced by the EACC which Ketraco’s board deliberately decided to overlook and flout its Human Resource Policy and Procedures Manual by taking the most distasteful decision of illegally and immediately suspending me,” he said in his court papers.
He told the Employment and Labour Relations Court that the Ketraco board neither called him nor asked him to respond to any allegations before taking the drastic action.
Also Read: Why Court Freed DJ Joe Mfalme in Murder Case
“The respondents have a predetermined decision and are keen on locking me out from the seat and wheels of justice. Unless the court intervenes and moves with speed, I will be greatly prejudiced,” he said earlier.
Wamukota further argued that there was no complaint or allegation against him and EACC usurped the powers of the board to suspend him irregularly, unfairly and without foundation or basis.
“While the EACC alleges that I was involved in the processing of invoices, I am only an engineer and the final decision makers in payment of approved invoices were the accounting officer of Ketraco and the finance office,” his documents read.
