Former Kenya Film Classification Board (KFCB) boss Dr Ezekiel Mutua.
The anti-graft watchdog is seeking to recover Sh22.7 million from former Kenya Film Classification Board (KFCB) boss Dr Ezekiel Mutua.
The Ethics and Anti-Corruption Commission (EACC) alleges he acquired the funds through irregular salary hikes and entertainment allowances not provided for in law.
In its recovery lawsuit, the agency says Dr 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.
The new salary, the anti-graft watchdog argues, was against a Sh480,000 cap placed by the Salaries and Remuneration Commission (SRC) for the KFCB corner office.
EACC also accuses Dr Mutua, who is currently the Music Copyright Society of Kenya CEO, of illegally earning an entertainment allowance of Sh100,000 every month since 2016.
“The plaintiff’s (EACC) claim against the 1st defendant (Dr Mutua) is for a sum of Sh22,658,085 being salary received illegally between April 2019 to July 2021 and Sh4,600,868 being entertainment allowance received between March 2016 and July 2021,” EACC says in court papers.
Dr Mutua was sent on compulsory leave and later removed from KFCB in August, 2021, three months before the expiry of his contract.
Then ICT Cabinet Secretary Joe Mucheru issued a statement revealing that Dr Mutua had been sent on terminal leave pending an investigation over alleged payment of illegal salaries and allowances.
Claims of collusion with board members
Dr Ezekiel Mutua gestures during a past interview.
In its lawsuit before the Anti-Corruption and Economic Crimes Court, EACC alludes to collusion with 12 Board members, who have also been enjoined in the suit as respondents.
EACC has also asked that the Sh22.7 million be recovered from the 12 Board members.
“For failing to take reasonable measures to prevent loss of public funds, the 1st defendant (Dr Mutua) abused public office to unjustly enrich himself. For failing to safeguard the funds of the board and act in its best interest the 2nd to 13th defendant abused public office to confer a benefit to the 1st defendant.”
Among Board members who approved the alleged illegal salary bump and entertainment allowance is nominated MP Bishop Dr Jackson Kosgei—who served as KFCB chairman between 2015 and 2017.
Then Kenya Film Classification Board (KFCB) chairman Jackson Kosgei (left) and then CEO Ezekiel Mutua at a past event.
Others are Canon David Lebayleyia, Nehemiah Maina, Norman Magaya, Gathoni Kung’u, Kennedy Ogola, Khadija Omar Rama, Katua Nzile, Chris Solomon Nambaga, Christiana Saiti, Ernest Kerich and Abraham Koech.
As CEO, Dr Mutua was also member of the board.
Tripled salary
In his first term, which started on October 21, 2015, Dr Mutua earned the maximum Sh348,840 which included house and other allowances.
EACC’s investigations, whose findings have been revealed in the court papers, indicate that on March 10, 2016, the KFCB Board comprising of Dr Kosgei, Ms Omar, Mr Nzile, Mr Nambaga, Ms Saiti, Mr Kerich and Mr Koech illegally approved the entertainment allowance which was not provided for in the SRC pay structure.
In his defence statement, Mr Koech denies that the allowance was unanimously approved, arguing that he was away on sick leave but sent an apology for his absence to the KFCB Board.
The probe further found that on January 31, 2019, the KFCB Board resolved to triple Dr Mutua’s salary.
That meeting was held when Dr Mutua was seven months into his second term as CEO.
The Board sent a letter to then CS Mucheru for concurrence. However, the CS advised that the salary bump be revoked as it was above the SRC structure.
Former ICT Cabinet Secretary Joe Mucheru.
The Board, EACC holds, bulldozed its way to approving the salary bump.
But in her defence statement, Ms Kungu argues that the Board only resolved to tripple Dr Mutua’s salary after a unanimous decision by the Human Resource and Administration Committee.
The committee tabled a report before the Board, which justified breaching the SRC structure by arguing that Dr Mutua had led KFCB in recording revenue of Sh504 million, up from Sh88 million.
Ms Kungú insists there was no decision taken by the board for approval or implementation of the reviewed basic salary without the concurrence of the CS.
Mr Lebayleyia, Mr Maina and Mr Ogola say in their defense statements that the board only sought to review Dr Mutua’s salary subject to concurrence of SRC, CS Mucheru and the State Corporation Advisory Committee.
However, EACC maintains that the board disregarded the laid down procedure in law which required KFCB to first seek approval from SRC before implementing any unlawful allowances and salary increments.
In the suit before Justice Evelyn Gaithuma, Dr Mutua and Dr Kosgei were represented by advocate Edward Rombo.
tmatiko@ke.nationmedia.com
