- Justice Nduma Nderi of the Employment and Labour Relations Court in Nairobi lifted the injuction pending hearing and determination of a petition Koria filed.
- Koria was among six chief executive officers whose suspension was ordered by Chief of Staff and Head of Public Service Felix Koskei.
Image: FILE
The High Court has ordered the immeediate reinstatement of suspended Bomas of Kenya CEO Peter Gitaa Koria pending the hearing and determination of a petition he filed against the move.
Justice Nduma Nderi of the Employment and Labour Relations Court in Nairobi also issued a mandatory injunction directing Gender, Culture and Heritage CS Aisha Jumwa and the Board of the Bomas of Kenya to unconditionally lift Koria's suspension.
Koria was among six chief executive officers whose suspension was 0rdered by Chief of Staff and Head of Public Service Felix Koskei for alleged involvement in corruption and procurement irregularities within their respective agencies.
Koskei had also directed the suspension of 67 police officers and an accountant at the Kenya Rural Roads Authority (KeRRA).
His directive followed recommendations by the Ethics and Anti-Corruption Commission which was investigating the officers.
But Koria moved to court seeking among other orders that his suspension be lifted pending the hearing of his case.
He sued Gender CS Aisha Jumwa, EACC, Head of Public Service Felix Koskei, Office of the President, Chairperson of the Board of the Bomas of Kenya, Public Service Commission and the Attorney General as the first to seventh respondents respectrively.
Koria also asked the court to issue orders restraining the respondents from intefering in the performance of his duties as the CEO of the Bomas of Kenya.
Koria, who was represented by lawyers Brian Khaemba and Danstan Omari, had told the court that his suspension was done without due regard to process and procedures and that he was never given an opportunity to be heard.
The government in its response called for the dismissal of Koria's case saying it was an abuse of court process given the suspension had been overtaken by events.
Justice Nduma Nderi after hearing from both parties said Koria had satisfied the threshold required for grant of interim injunction.
"A mandatory injunction is granted directing the first respondent (Gender CS) and fifth respondent (Board of the Bomas of Kenya) to unconditionally lift the suspension of the applicant/petitioner and order for his immediate reinstatement pending hearing and determination of the petition," Justice Nderi said in his ruling delivered on April 18, 2024.