A Labor court has declared the suspension of Kenya Transmission Electricity Company (Ketraco) General Manager Anthony Wamukota from office as unlawful.
Justice Byrum Ongaya said the suspension was enforced in violation of fair labour practices making the whole process unprocedural.
The Judge agreed with Wamukota that the company overlooked its human resource policy and procedures manual when it decided to suspend him from office.
Wamukota had argued that the mandate to hear and determine his suspension lay with the company's HRAC (Human Resource and Advisory Committee) which never sat to make such deliberations.
Instead, the company's board of directors in November last year decided to suspend him for 12 months to allegedly pave the way for a probe into the Loiyangalani-Suswa power line project.
The suspension was made during a special general meeting under the express directions of the Ethics and Anti-corruption Commission
Wamukota said the Ketraco board neither called him nor asked him to respond to any allegations before taking the drastic action.
The Judge in his finding cited various regulations which ought to be adhered to when dismissing or removing a public officer from office.
He said such an officer cannot be removed, demoted or subjected to disciplinary proceedings without due process of law being followed.
This he said was the case of Wamukota as that threshold was not met.
He subsequently directed Ketraco to revoke the suspension of Wamukota and ordered it to pay him any pending salaries, allowances and benefits accrued to him while on the challenged suspension.
The court also issued an order revoking the decision of the CEO of Ketraco container in a letter dated November 15 directing the company's board to suspend Wamukota.
