Blow to KNEC top executive as court declines to lift suspension

NAIROBI, KENYA: Suspended Kenya National Examination Council CEO Joseph Kivilu has suffered a major blow on his bid to return to work.

Mr Kivilu has to go through the suspension and the disciplinary process after Employment and Labour Relations Court ruled that it could not interfere with the same.

Labour Court judge Nelson Abuodha ruled that Kivilu has a chance to defend himself before the board and will be reinstated if he is cleared.

"The applicant (Kivilu) must be called upon to explain and exonerate himself. To throw a fiat of injunction would unduly interfere with the Boards disciplinary powers by cushioning the applicant from any interrogation or investigation. This would not be right. The applicant will have an opportunity to clear his name during the process and if successful the suspension will be lifted and he resumes duties," Judge Abuodha ruled.

Eleven officials, including Kivilu, were suspended two months ago to pave way for investigations into their role in the 2015 national examinations cheating.

Others facing a similar fate as the suspended CEO include Maundu Mantenzawa (deputy secretary, security), Ambia Noor (senior deputy secretary, examinations), Thomas MacKenzie (principal examinations secretary), Sarah Majani (senior deputy secretary, reprographics), Richard Mwangangi (deputy secretary) Bobby Nyagah Mwai (senior deputy secretary), Geoffrey Gitogo (senior deputy secretary, ICT) and Michael Ndua (principal supply chain management officer).

Kivilu moved to the Labour court lamenting that KNEC's board did not follow the law when it issued him with a suspension letter on March 29, 2016.

He claimed that he was not facing any criminal charges and was issued with warning letter against any malpractice.

The suspended CEO also told the court that the letter was invalid as there was no board to suspend him. His argument was that the 2012 ACT, which governs the commission, does not contain a slot for the board.

"That the applicant was issued with the letter of suspension allegedly based on the decision of "the Board" a body which is unknown and non-existent in the Kenya National Examination Council Act, 2012 which established the respondent," the court heard.

The court also heard that Kivilu was sent parking without a salary. The judge however noted that he ought to be grilled on the malpractices in a bid to ensure the menace is tamed.