Ketraco general manager Antony Wamukota has moved to court to challenge a decision that suspended him from office pending a probe into the Loiyangalani-Suswa power line project.
Wamukota has termed his suspension illegal, arguing that he was never given an opportunity to be heard.
On November 15, board of directors of the state-owned Kenya Electricity Transmission Company suspended Wamukota for 12 months.
Wamukota in his court papers says the board made the decision under express directions from the Ethics and Anti-Corruption Commission, which was contrary to their human resource policy and procedures.
“My illegal suspension was a planned, and predetermined decision influenced by the Ethics and Anti-Corruption Commission in which Ketraco’s board deliberately decided to overlook and flout its Human Resource Policy and Procedures Manual by taking the most distasteful decision of illegally and immediately suspending me,” he says.
He now wants Ketraco directed to set aside the suspension and order for his immediate reinstatement pending inter parties hearing and determination of the application and petition.
Justice Byram Ongaya certified the matter urgent and directed the papers be served on the accounting officer of Ketraco and the Ethics and Anti-corruption Commission for hearing.
But the matter was pushed to Thursday for hearing.
Wamukota claims the energy firm never acted on any complaint and that EACC usurped the powers of Ketraco at its board meeting.
According to Wamukota, EACC chose to issue adverse recommendations leading to his immediate suspension even when a constitutional petition on the matter was pending before the High Court.
He argues in that matter, the High Court issued an order the restraining the firm from arresting, charging or prosecuting him over any activity or any events relating to the Ketraco Loiyangalani-Suswa Transmission Interconnector (II) Line Project.
Through his advocate Dr Moses Sikuta, the engineer says Ketraco, its accounting officer, and EACC (respondents) adopted unfair labour practices when they chose to suspend without giving him an opportunity to be heard.
He argues that the mandate to hear and determine his suspension lies with the company’s Human Resource and Advisory Committee, which never sat to make such deliberations.
“The respondents have a predetermined decision and are keen on locking me out from the seat and wheels of justice. Unless the court intervenes and moves with speed, I will be greatly prejudiced,” he says.
He says his right to fair administrative action was violated as the respondents in the case did not hear his side of the matter before the immediate and draconian suspension was handed down.
At the time he was suspended, Wamukota was in Mombasa attending the Institution of Engineers of Kenya 30th international convention sponsored by Ketraco.
While in the meeting, he says he received an email communicating his suspension from office.
He says the board of directors and EACC treated him in a discriminatory manner when they chose to single him out for what he terms unlawful suspension in the pretext of investigations.
“While the EACC alleges that I was involved in the processing of invoices, I am only an engineer and the final decision makers in payment of approved invoices were the accounting officer of Ketraco and the finance office," his documents read.