Former Kenya Film Classification Board (KFCB) chief executive officer Ezekiel Mutua has been ordered to refund Sh27 million pay that he illegally pocketed during his tenure as KFCB boss.
This order has been issued by the State Corporations Appeal Tribunal. According to the findings and determination of the tribunal, Mutua’s monthly salary had been illegally increased to Sh1.1 million in 2019. This increment was against the salary cap of Sh480,000 that had been set by the Salaries and Remuneration Commission (SRC) for the KFCB chief executive position.
In addition to the salary increase that he illegally pocketed, Mutua was also found to have been taking home Sh100,00 illegal entertainment allowance since 2016.
Mutua had served as the KFCB boss for two terms of three years each. His first term had started from October 26, 2015 and concluded in October 2018. His second term had then commenced in October 2018 and lasted until October 2021. In his term in office, Mutua had earned a monthly of Sh348,840.
The tribunal heard that Mutua had requested the government for a renewal of his contract as his first term neared the end through the KFCB Board Chairman. However, the then cabinet secretary for Sports and Heritage had indicated that Mutua’s contract would not be renewed.
The board went against this directive and renewed the contract on June 7, 2018 with an effective date of October 26, 2018. In November, a month after Mutua started his second term, the board had directed the KFCB Human Resource and Administration Committee to provide a guide on how his salary would be increased.
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In January 2019, the board met and a majority of members agreed to raise Mutua’s salary from Sh348,840 to Sh1,115,850. The KFCB board the sent a letter to the cabinet secretary seeking an approval for the increment. In a response that was dated April 30, 2019, the cabinet secretary declined to approve the salary increase and directed the board to recover any funds that may have already been disbursed.
However, this recovery was not done and Mutua proceeded to serve a full second term during which he received the full salary of Sh1.1 million.
“From our analysis, we have already made findings that the salary increment for the appellant [Mutua] as CEO of the KFCB was irregular and unlawful… The appeal [by Mutua] is hereby dismissed and the certificate of surcharge for the sum of Sh27,612,360 is upheld and confirmed against [Mutua],” the tribunal ruled.
