A key ruling with significant implications in the fight against corruption is expected Thursday April 18 in a petition filed against the anti graft agency – Ethics and Anti Corruption Commission (EACC).
This is in connection with a petition filed by suspended Chief Executive Officer (CEO) of Bomas of Kenya Peter Gitaa Koria before the Employment and Labour Relations Court.
In the wake of the trend of court rulings stopping suspension, arrest and prosecution of high profile graft suspects, Justice Nduma Nderi will deliver a ruling on whether or not to quash the suspension of Bomas of Kenya CEO amid the ongoing corruption investigations against him.
EACC is opposed to the return of suspended officials, especially CEOs, back to office until completion of investigations citing the need keep them away to protect the integrity of investigations.
In its court papers, EACC says that a CEO cannot be effectively investigated while in office since they could interfere with smooth flow of documents and evidentiary material to the Commission or threaten/ intimidate witnesses working under them.
Last week, in a similar petition, the court quashed the suspension of KETRACO General Manager Antony Wamukota who is also under corruption investigations.
EACC has since moved to the Court of Appeal arguing that the ruling in the Wamukota case has serious adverse effects in the fight against corruption.
Some officials however argue EACC is subjective in their actions. This is because some officials have been in office with their cases active in courts.
EACC denies the claims of bias.
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