I was condemned unheard, Ketraco MD Wamukota tells court

Ketraco General Manager Anthony Wamukota when he appeared before the Public Investments Committee at Parliament, Nairobi on Thursday, February 17, 2022. [David Njaaga, Standard]

Suspended Ketraco General Manager Anthony Wamukota was neither summoned nor required to appear before a disciplinary committee.

At the same time, the Employment and Labour Relations Court (ELRC) Justice Byram Ongaya heard that the state-owned corporation’s board had no powers to suspend Wamukota since there is no disciplinary issue before it.

Wamukota's lawyer Moses Sikuta argued that the Kenya Transmission Electricity Compnay (Ketraco) board flouted the human resource rules requiring him to be heard first.

Dr Sikuta said ELRC has powers to hear the case as his client was allegedly condemned unheard.

He asserted that the objection raised by Ketraco was defective.

The lawyer further submitted that the issues raised by the corporation did not comply with the law.

Further, Sikuta questioned the suspension letter’s date. He noted that while the board met on November 15, the letter was dated November 23.

He said the Ethics and Anti-Corruption Commission (EACC) was trying to circumvent orders issued in favour of his client before the High Court in Nairobi.

Sikuta told the court that Ketraco disciplinary committee never met or summoned Wamukota.

He asserted that the corporation’s board jumped the gun at the behest of the EACC.

Sikuta accused EACC of allegedly sneaking a letter demanding Ketraco immediately suspends Wamukota for 12 months to pave way for investigations into the Loiyangalani-Suswa transmission interconnection (II) line project.

There was no complaint or allegation against Wamukota, the lawyer said.

“Every person has a right to lawful and fair administrative action. The process was tainted with illegality and it was procedurally unfair. We pray that is court finds the suspension to be unlawful and unconstitutional. We pray that this court lifts the suspension,” argued Sikuta.

But Ketraco and EACC opposed the application and urged the court to strike out the case.

Ketraco's lawyer Patrick Lutta told the court that there is no disciplinary issue between his client and Wamukota.

“Therefore there is no employment dispute for this court to determine,” said Lutta.

He argued that the reason for suspension was that EACC was investigating Wamukota over Loiyangalani project.

"There is no issue of discipline. This is about recommendation and following the law. There is nothing to determine in the petition if it is heard on merit,” argued Lutta adding that this was meant to secure the investigation process.

“I want you to note this is a normal thing in public bodies,” he added.

Lutta told the court that Wamukota had earlier suspended another officer to pave way for investigations.

“It is the same thing being done to him now,” he said.

Further, the lawyer argued that Wamukota failed to first exhaust the internal mechanisms by first appealing the suspension within the structures provided by Ketraco.

He said that Ketraco will reinstate the suspended General Manager immediately after EACC concludes investigations.

“The petition should be struck out and interim orders should not be granted,” the corporation's lawyer argued. EACC backed Ketraco’s argument.

The commission argued that it recommended Ketraco to suspend Wamukota to pave way for investigations.

The anti-graft agency asserted that Wamukota was aware that he was being probed and the corruption allegations are serious and of public interest.

EACC claimed that it is probing the Sh18 billion Loiyangalani-Suswa transmission interconnection (II) line project and increase of electricity tariffs.

In a rejoinder, Sikuta said that owing to the claims by the EACC, his client could only be suspended if there is a disciplinary issue and not for investigations.

"What they are inviting you to do is have employers as robots. What they say is that once EACC has recommended, then employers disregard employment law and tell you to go,” he argued.

The court will deliver a ruling on November 30.