Former Kenya Film Classification Board (KFCB) CEO Ezekiel Mutua is fighting to keep the Sh22.7 million that the Ethics and Anti-Corruption Commission (EACC) is seeking to recover from him, saying it was a justifiable salary increment, duly earned for his “good performance and work” done during his tenure.
The anti-graft watchdog filed a case against Mr Mutua in 2024, alleging that he acquired the millions through irregular salary hikes and entertainment allowances not provided in law when he served as KFCB CEO.
In the recovery lawsuit at the High Court, the agency claims Mr Mutua had his salary illegally bumped up to Sh1.1 million in 2019, similar to that of an MP, following an irregular and unlawful board decision that he was a member of. It also accuses him of illegally earning an entertainment allowance of Sh100,000 a month since 2016.
EACC argues that Mr Mutua’s salary had been capped at Sh480,000 even after an increment by the Salaries and Remuneration Commission (SRC) for the KFCB corner office.
He served as KFCB CEO from October 26, 2015, to October 2018 (first term) and from October 2018 to October 2021 (second term). The illegal hikes amounted to Sh22.7 million by the time he left the office.
This week, the matter came up for mention, and in his updated defense, Mr Mutua defended his salary increment.
“1st defendant (Mutua ) denies any unjust enrichment as claimed and restates that all salaries awarded to him were done by the Board after having considered his good performance and work, and he justly earned his remuneration,” said Mr Mutua through his lawyers.
Dr Ezekiel Mutua gestures during a past interview.
Photo credit: File | Nation Media Group
Nicknamed the ‘moral Police’ during his tumultuous stint at KFCB, Mr Mutua was sent on compulsory leave and later fired from KFCB in August 2021, three months before the expiry of his contract. Seven months later, he was appointed MCSK CEO, but was later fired from the position in May this year.
EACC alleges that Mr Mutua colluded with the 12 board members who approved the illegal salary increase and allowance.
But he maintains that, with the Board pleased with his performance, which led to an increase in KFCB collection, it sought to reward him.
“The 1st Defendant (Mutua) denies that there were any irregular payments of his remuneration and states that his appointment and remuneration were fixed by a duly constituted board under the Film & Stage Plays Act based on his performance and increased presence of the Board in the public sphere and higher collection of revenues.”
Mr Mutua is also accusing the EACC of a witch hunt, claiming that the authority, through the Inspector General of State Corporations, lodged recovery proceedings for the same claim at the State Corporations Appeal Tribunal, thereby exposing him to double jeopardy.
In July, Mutua lost his bid to have the Tribunal quash the demand requiring him to refund the Sh27 million. He had filed an appeal challenging a surcharge issued by the Inspector General, arguing that the Inspector General had not demonstrated that the increased salary constituted an overpayment that warranted the issuance of a surcharge certificate.
