Former Kenya Film Classification Board (KFCB) CEO Ezekiel Mutua has been ordered to return Ksh27.6 million, which he received as an irregular salary increase during his second term in office.
The State Corporations Appeal Tribunal, in a ruling, said Mutua was irregularly awarded a salary increase from Ksh348,840 to Ksh1.1 million for three years.
“The Certificate of Surcharge SUR/001/2024 for the sum of Ksh27,612,360 is upheld and confirmed against the Appellant,” the ruling read in part.
During the proceedings, the Inspectorate of State Corporations alleged that Mutua’s contract was irregularly renewed in 2018, even though the Sports Cabinet Secretary had declined to approve the extension of his term.
The Inspectorate of State Corporations also argued that the Salaries and Remuneration Commission (SRC), the State Corporations Advisory Committee (SCAC) did not approve the salary raise.
“Inspectorate of State Corporations noted that the board’s decision to increase the CEO’s salary … on a ‘personal to self’ basis was unlawful and irregular and that Mr. Mutua ought to be surcharged as a consequence, having sat in the Board and benefited directly,” the documents state.
In his defence, Mutua maintained his innocence, stating that it was the board that granted him a second term and approved his salary increment, and therefore, he was not at fault.
However, the Tribunal was not convinced by Mutua’s defence and ordered him to refund the money he had unlawfully received.
It also found both Mutua and Nehemiah Koech, a KFCB board member who supported the salary increment, liable for facilitating the irregular pay raise.
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