Tribunal clears Amb. Eng. Peter Tum of Ksh1.84 million surcharge

Kenya’s Ambassador to the Democratic Republic of Congo and immediate former Principal Secretary, State Department for Sports, Amb. Eng. Peter K. Tum, has been absolved of liability in a KSh1.837 million surcharge arising from the 2015 appointment of a Corporation Secretary at the Kenya Medical Training College.

In its judgment, the State Corporations Appeal Tribunal allowed the former Sports Principal Secretary Amb. Eng. Tum’s appeal and quashed Certificate of Surcharge , which had required him to pay Ksh1,837,355.

The Tribunal’s determination centred on whether Amb. Eng. Tum could personally be held responsible for the Board decision that resulted in the appointment of Dr. Miriam Ndunge Muthoka as Corporation Secretary.

The Tribunal found that Amb. Eng. Tum was not part of the Board deliberations when the decision was made.

According to the judgment, Amb. Eng. Tum had left the Board meeting before the matter concerning the appointment of the CEO and Corporation Secretary was discussed because he was conflicted, having been a candidate for the CEO position.

His deputy, John O. Anyira, replaced him for the remainder of the meeting.

The Tribunal examined the minutes of the meeting and found that they confirmed that Amb. Eng. Tum had stepped out and did not return before the Board made the decision on the appointment of the Corporation Secretary.

The Tribunal further found that the Respondent had not provided evidence showing that Amb. Eng. Tum participated in the deliberations or resolution that resulted in Dr. Muthoka’s appointment.

The Tribunal held that holding him liable for a decision taken in his absence would stretch the limits of his responsibilities, particularly as the minutes clearly recorded that he had left the meeting and did not return.

The judgment expressly found that Amb. Eng. Tum “was not a party to the actual decision” to appoint Dr. Muthoka and, on that basis, allowed his appeal.

Having absolved him from blame, the Tribunal further found that the surcharge against him was not justified and held that he was not liable to pay the KSh1,837,355.

The Tribunal consequently ordered that Certificate of Surcharge be quashed.

The judgment settles the specific question of Amb. Eng. Tum’s personal liability in the surcharge matter, as the Tribunal found no evidence linking him to the Board decision that resulted in the surcharge and formally set aside the surcharge imposed against him.