Court extends orders stopping suspension of Bomas CEO Peter Gitaa

The judge in extending the orders ruled that it has jurisdiction to hear the matter since it arises from employer and employee dispute.

"Court is of the view that this court has jurisdiction to hear the case and decline the Preliminary objection," court heard.

At the same time, the court directed that the matter be placed before the labour employment principle Jude to allocate a judge who will proceed to hear and determine the matter.

In giving direction, the judge noted that she has personal reasons and will not be comfortable to hear the matter as she will be on leave.

Meanwhile lawyer Paul Maina, representing Bomas of Kenya noted to the court that the orders were issued but we're not able to comply with the orders since they appointed an interim CEO.

"By the time orders had been issued...an acting CEO had been appointed and therefore the orders were issued after and we were not able to comply with the orders," court heard. 

The court was told that it was a requirement by the law to avoid disrupting the operation of the organisation because the CEO is a signatory and in the absence of a CEO it would be impossible.

"The appointment of an acting CEO does not prejudice the petitioner,” lawyer Paul Maina told the court.

Koria was among CEOs of State agencies who were suspended for 12 months following recommendations of the Ethics and Anti-Corruption Commission (EACC) due to ongoing investigations.

Through his lawyers Danstan Omari and Bryan Khaeman, he moved to court arguing that before the hearing of his application challenging the suspension. The Bomas of Kenya Board of Directors Chairperson had called for a special meeting slated for Thursday, November 23, 2023.

The embattled CEO says that his suspension was “marred with illegalities and procedural irregularities,” further calling for the stopping of the said special board meeting.

“...unless this Honorable Court moves with celerity and arrests the illegalities and injustices occasioned by the Respondents, the Applicant (Mr. Koria) shall suffer irreparable harm as their right to equality before the law, fair administrative action and labor rights will be curtailed,” submitted his lawyers.