Ezekiel Mutua Loses Bid to Stop Directive Requiring Him to Refund KSh 27 Million Irregularly Earned
- Former Kenya Film Classification Board (KFCB) CEO Ezekiel Mutua has suffered a major blow in his bid to block a directive requiring him to refund KSh 27 million
- Mutua appealed to the State Corporations Appeals Tribunal after he was required to refund the money he allegedly received following an irregular salary increment
- The tribunal has now made its final finding against the former KFCB boss, who has 30 days to appeal
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Nairobi: The State Corporations Appeals Tribunal has upheld a move directing former Kenya Film Classification Board (KFCB) chief executive officer (CEO) Ezekiel Mutua to refund KSh 27 million paid to him irregularly as a salary increment.
Source: Facebook
Why Ezekiel Mutua is required to refund KSh 27m
In its ruling, the tribunal found that Mutua’s salary increment while serving as the KFCB CEO was irregular and unlawful.
The tribunal, chaired by Aggrey Lucas Kidiva, noted that the said increment was approved without mandatory oversight by the Salaries and Remuneration Commission (SRC) or the cabinet secretary, and implemented despite explicit ministerial instructions to suspend it.
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“The increment of the chief executive officer’s salary from KSh 348,840 to KSh 1,115,850 per month was irregular, unlawful, and did not comply with Article 230 of the Constitution of Kenya or Section 11 of the SRC Act,” the tribunal stated in a ruling seen by TUKO.co.ke.
The tribunal further noted that the KFCB board, of which Mutua was a member, disregarded the Cabinet secretary’s directions and proceeded to implement the new salary without recovering any overpayments as directed.
It was noted that the cabinet secretary had 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 its resolution.
“From the facts of the matter, it appears that the board never implemented the directions of the cabinet secretary to stop the increment or recover the amounts that may have been paid, which then gave rise to the instant matter,” the tribunal noted in its ruling.
It further rejected the former KFCB boss’s contention that he had been denied a fair administrative hearing under the Fair Administrative Action Act.
The tribunal noted that his argument did not find favour in law as he had been invited for a hearing by the respondent, but he failed to appear and be heard.
When was Ezekiel Mutua surcharged KSh 27m?
While Mutua’s advocates had written to the Inspector General of State Corporations on November 4, 2024, seeking reasons for the surcharge, the tribunal confirmed that the directive complied with legal requirements by providing a written explanation and inviting Mutua to clarify the salary review.
“The right not to be condemned unheard was fully observed,” the judgment read.
Mutua had argued that the surcharge failed to account for statutory deductions and taxes already remitted, and that he faced double jeopardy from concurrent claims by other government agencies.
Source: Facebook
However, the tribunal held that different bodies or entities in government play distinct roles, and that requiring the inspector general to ascertain tax deductions would exceed his mandate.
The tribunal further observed that Mutua never particularised the alleged statutory deductions and encouraged him to seek administrative remedies from the relevant agencies.
It subsequently dismissed the appeal and confirmed the surcharge certificate for KSh 27,612,360.
Mutua has 30 days to apply for review or lodge an appeal.
Was KFCB merged or dissolved?
TUKO.co.ke previously reported that the government had identified several parastatals it plans to merge or dissolve.
Among those set to be affected was the KFCB.
According to the Head of Public Service, Felix Koskei, the move was part of the government's effort to cut operational costs and ensure efficiency in state agencies.
Proofreading by Jackson Otukho, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
Zipporah Weru (Freelance editor) Zipporah Weru is a professional journalist with a bias towards human interest, human rights, crimes and court reporting with over 14 years’ experience in journalism. She is currently covering civil, criminal and constitutional cases across Nairobi courts. She holds a Diploma in Journalism and Public Relations from the Technical University of Kenya. You can reach her at zweru34@gmail.com.
Joshua Cheloti (Editorial assistant) Joshua Cheloti is a multi-skilled journalist with over 5 years of experience in the media industry. He holds a Diploma in Journalism and Mass Communication and is pursuing a Bachelor of Arts in Mass Media and Communication at Mount Kenya University. At TUKO, he's an editorial assistant. Before TUKO, he worked at Nairobi Review as an editorial writer, at Hope Media (Hope TV and Hope FM) as a correspondent in Eldoret, Hivisasa.com digital content editor and online writer, at Biblia Husema Broadcasting (BHB), Eldoret as Radio Presenter. Email: Joshua.cheloti@tuko.co.ke
