Former Kenya Film Classification Board (KFCB) CEO Ezekiel Mutua has been ordered to refund Ksh.27 million to the government following an irregular salary increment during his second term in office.
The ruling, delivered by the State Corporations Appeal Tribunal, found that Mutua’s monthly salary was unlawfully increased from Ksh.348,840 to Ksh.1.1 million between 2018 and 2021. This decision was made by the KFCB board on what was termed a “personal to holder” basis—an action the Tribunal ruled as both irregular and unlawful.
The Inspectorate of State Corporations argued that Mutua’s reappointment in 2018 was itself questionable, citing that the then Sports Cabinet Secretary had declined to renew his term. Nonetheless, the board not only retained him but also significantly increased his salary, a move that bypassed the authority of the Salaries and Remuneration Commission (SRC), which is mandated to determine pay for public officers.
The Inspectorate maintained that Mutua, who was also a sitting member of the board, should be surcharged for the increment since he directly benefited from a decision he was party to. Additionally, the Cabinet Secretary had reportedly rejected the salary hike and instructed the board to recover the funds, but no action was taken, prompting the Tribunal’s involvement.
In his defence, Mutua claimed innocence, stating that the board legitimately renewed his contract and approved the new salary. He argued that he performed his duties without any formal objection or communication from the Cabinet Secretary and believed his appointment and remuneration were valid.
Despite his defence, the Tribunal ruled that Mutua and board member Nehemiah Koech, who supported the hike, were responsible for enabling the irregular increase. They have both been held liable for the financial loss.
This ruling comes as a stern warning to state corporations on adherence to established government procedures, particularly in matters relating to remuneration. It reinforces the SRC’s mandate and the need for transparency and accountability in public service management.
