Former Kenya Film Classification Board (KFCB) CEO Ezekiel Mutua has been ordered to refund Ksh.27 million to the government after a tribunal found he irregularly benefited from a salary increment during his second term in office.
The ruling by the State Corporations Appeal Tribunal revealed that Mutua’s salary was unlawfully increased from Ksh.348,840 to Ksh.1.1 million per month over a three-year period. The tribunal found that the pay raise was granted “on a personal-to-self basis” without the approval of the Salaries and Remuneration Commission (SRC), the body legally mandated to determine public sector pay.
Investigations by the Inspectorate of State Corporations further showed that Mutua’s contract renewal in 2018 was itself irregular, as it had not been approved by the relevant Cabinet Secretary, who had declined to extend his term. Despite this, the KFCB board went ahead with both the reappointment and the significant pay increase.
“The board’s decision to increase the CEO’s salary was unlawful and irregular,” the Inspectorate stated, adding that Mutua, having participated in board meetings where the decision was made, directly benefited from the illegality and should be held accountable.
Mutua defended himself, stating that he acted in good faith, believing that his reappointment and salary were legitimate since he continued to work without any formal objection from the Cabinet Secretary or the board. However, the tribunal dismissed this defense, maintaining that due process was not followed.
In addition to Mutua, the tribunal also found Nehemiah Koech, a KFCB board member who supported the salary increase, culpable. Both men have now been surcharged and held liable for the irregular payments.
The ruling adds to a growing list of cases where former public officials are being called to account for misuse of public resources.
