EACC seeks Ksh.22.7M from Ezekiel Mutua over illegal pay, allowances

The Ethics and Anti-Corruption Commission (EACC) is seeking to recover Ksh.22.7 million from former Kenya Film Classification Board (KFCB) CEO Dr. Ezekiel Mutua, on grounds that he illegally obtained the amount through unauthorized pay increases and allowances.

According to EACC, Mutua’s salary was illegally increased to Ksh.1.1 million per month, with the hike exceeding the Ksh.480,000 cap set by the Salaries and Remuneration Commission (SRC).

Further, the anti-graft watchdog claims that Dr. Mutua, who now serves as the CEO of the Music Copyright Society of Kenya, was unlawfully paid a monthly entertainment allowance of Ksh.100,000 from 2016 until his departure from KFCB in 2021.

The EACC’s lawsuit, at the Anti-Corruption and Economic Crimes Court, also implicates 12 KFCB board members as having colluded with Mutua to approve the controversial pay rise and allowances.

They are; Bishop Jackson Kosgei (KFCB chairman from 2015 to 2017 and now a nominated MP), David Lebayleyia, Nehemiah Maina, Normandy Ogola, Khadija Omar Rama, Katua Nzile, Chris Solomon Nambaga, Christiana Saiti, Ernest Kerich, and Abraham Koech.

"For failing to take reasonable measures to prevent the loss of public funds, the first defendant (Mutua) abused office to enrich himself unjustly,” court documents read in part.

"For failing to safeguard the funds of the board and act in its best interest, the second to 13th defendants abused public office to confer a benefit to the first defendant."

EACC is now demanding the recovery of Ksh.22,658,085, which Dr. Mutua allegedly received as salary from April 2019 to July 2021 and Ksh.4,600,868 in entertainment allowances from March 2016 to July 2021.