The High Court has lifted the suspension of Peter Gitaa Koria as the Bomas of Kenya Chief Executive Officer.
Justice Nderi Nduma unconditionally lifted the suspension pending the hearing and determination of the case.
“A mandatory injunction is granted directing the 1st and 5th respondents (CS gender, culture, arts and heritage and the Public Service Commission)Â to unconditionally lift the suspension of the applicant from employment communicated vide a letter dated 20th November 2023 and order for his immediate reinstatement, pending the hearing and determination of the petition,” the judge ruled.
The judge ruled that Koria has satisfied the threshold required for grant of the interim injunction sought.
Through lawyers Danstan Omari and Brian Khaemba, Koria moved to court seeking orders directing CS gender, culture arts and heritage to unconditionally lift the suspension and reinstate him as the CEO and GM at BOK.
The applicant argued that the suspension was done without due regard to process and procedures laid down in law in that he was not accorded an opportunity to be heard.
Omari told the court that the chairperson of the Board of BOK was not involved by the CS in the process so as to get a comprehensive report of the situation.
He added that the applicant’s right to equality before the law and fair administrative action and fair trial has been violated by the respondents.
The court heard that “a public state officer may only be suspended if charged before a court of law which is not the case and the 1st and 2nd respondents are involved in witch hunt to frustrate the applicant.”
In addition, the applicant claimed that the premature and unsubstantiated suspension will have profound and enduring ramifications on his potential trajectory, public perception, overall well-being and would suffer irreparable harm.
In response, the CS, to Chief of Staff and head of public service, office of the president and the AG submitted that the instant amended application as instituted is an abuse of the court process.
The respondents added that the application has no merit and is based on a misconception of law.
It was their submission that the instant application has already been overtaken by events since a Special Board Meeting had already taken place.
Koria was suspended on 16th November 2023 for 12 months after the EACC wrote to the CS to suspend him.
The same was communicated through a press conference by the State House spokesperson.
