The labour and employment court has extended orders stopping the suspension of embattled Bomas of Kenya CEO Peter Gitaa Koria.
Justice Anne Mwaure while extending the orders ruled that it has jurisdiction to hear the matter since it arises from employer and employee dispute.
“Court is of the view that this court has jurisdiction to hear the case and decline the Preliminary objection,” the court ruled.
However, the court recused itself from the case for personal reasons and placed it before the labour employment principle Judge to allocate another judge who will hear and determine the matter.
The state informed court that it would be hard to comply with the orders since they have already appointed an interim CEO.
“By the time orders had been issued,an acting CEO had been appointed and therefore the orders were issued after and we were not able to comply with the orders,”the state said.
This they said was a requirement by the law to avoid disrupting the operation of the organisation because the CEO is a signatory and inthe absence of a CEO it would be impossible.
“The appointment of an acting CEO does not prejudice the petitioner ,” the court said.
Koria was one of the CEOs of State agencies who were suspended for following recommendations of the Ethics and Anti-Corruption Commission (EACC) due to ongoing investigations.
Through his lawyers Danstan Omari, Koria challenged the decision to suspend him arguing that before the hearing of his application challenging the suspension, the Bomas of Kenya Board of Directors Chairperson had called for a special meeting slated for Thursday, November 23, 2023.
Koria said that his suspension was “marred with illegalities and procedural irregularities,” further calling for the stopping of the said special board meeting.
He has urged the court to move with speed and arrest the illegalities and injustices occasioned by the state.
“Koria shall suffer irreparable harm as their right to equality before the law, fair administrative action and labor rights will be curtailed,” reads court papers.
The case will be mentioned on February 13 next year for further directions.
