The former head of the Kenya Film Classification Board, Ezekiel Mutua, has been asked to return the Sh27 million paid to him as an irregular salary increase during his second term of office.
In a ruling by the State Corporations Appeal Tribunal, Mutua was surcharged the amount after the KFCB board increased his salary from Sh348,840 to Sh1,115,850 when he was given a second term and drew the illegal increase for three years.
Mutua had been surcharged by the Inspectorate of State Corporations (ISC) Sh27,612,360 on the 8th October 2024 for the irregular increase of the salary under section 19 of the State Corporations Act, terming the increase as the loss of public funds.
The Inspectorate of the State Corporations had claimed that the term of service for Mutua was irregularly and unlawfully renewed without input from the Salaries and Remuneration Commission (SRC), State Corporations Advisory Council (SCAC), and approval of the Cabinet Secretary.
“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 Inspectorate of State Corporations further argued that to promote uniformity, the government usually issues circulars regularly to guide the implementation of the SRC Act within the public sector.
But, after the surcharge, Mutua challenged the matter at the State Appeal Corporations Tribunal.