Court rules KETRACO violated manager Wamukota’s right through compulsory leave

The Employment and Labour Relations Court in Nairobi declared illegal and unconstitutional the decision by the Kenya Electricity Transmission Company Limited (KETRACO) to place one of its senior managers on a three-month compulsory leave.

Principal Judge Byram Ongaya ruled in favour of Eng. Antony Tawayi Wamukota, the General Manager for Design and Construction at KETRACO.

The court found that the compulsory leave violated his constitutional right to fair administrative action.

The court said the decision contravened Article 47 of the Constitution, which guarantees every person the right to administrative action that is lawful, reasonable, procedurally fair, and supported by written reasons.

Justice Ongaya noted that the compulsory leave was imposed without due process and exceeded the statutory limit of 30 working days as prescribed under Regulation 62 of the Public Service Commission Regulations.

“The respondents acted unreasonably by reopening a disciplinary process that had already been conclusively determined,” the judge said.

He added the action amounted to double jeopardy and offended principles of natural justice.

The court found that Eng. Wamukota had previously undergone a full disciplinary process related to the procurement and transportation of transformers, a process that was completed and closed in June 2024.

Despite this, KETRACO’s Board later placed him on compulsory leave in September 2025, citing new information and ongoing forensic investigations.

Justice Ongaya ruled that once the initial disciplinary process was concluded, the respondents became functus officio and could not lawfully reopen the matter or subject the petitioner to further disciplinary action based on the same allegations.

While acknowledging that employers may place employees on compulsory leave to facilitate investigations, the court emphasized that such power must be exercised within the law and cannot be used to unfairly punish an employee or revive settled disciplinary cases.

Consequently, the court revoked the letter sending Wamukota on compulsory leave, ordered his immediate reinstatement, and permanently restrained KETRACO from initiating further disciplinary action against him over the same matter.