A Nairobi court has decisively struck down the Kenya Electricity Transmission Company's (KETRACO) attempt to sideline a senior manager, declaring his compulsory leave illegal and ordering his immediate reinstatement. The ruling is a significant check on the powers of state corporations and a firm defence of employee rights against arbitrary administrative action.

This judgment by the Employment and Labour Relations Court directly impacts the governance of public institutions, affirming that procedural fairness is not optional. For Kenyans, it underscores the judiciary's role in holding powerful state entities accountable and protecting citizens from being subjected to the same disciplinary issue twice—a principle known as double jeopardy.

Eng. Antony Tawayi Wamukota, KETRACO’s General Manager for Design and Construction, was sent on a three-month compulsory leave in September 2025. This action was based on what the company board termed "new information" regarding a transformer procurement case that had already been concluded.

Board Overreached Its Authority

In his ruling, Principal Judge Byram Ongaya stated that KETRACO’s board acted unreasonably and unconstitutionally. He noted that Eng. Wamukota had already been subjected to a full disciplinary process which concluded in June 2024, making the board’s subsequent decision to reopen the matter unlawful.

The court found the move violated Eng. Wamukota's rights under Article 47 of the Constitution, which guarantees every Kenyan the right to fair administrative action. This right ensures that decisions made by public bodies are lawful, reasonable, and procedurally fair.

"The respondents acted unreasonably by reopening a disciplinary process that had already been conclusively determined," Justice Ongaya emphasized, adding that the action amounted to double jeopardy and offended the principles of natural justice.

• Violation of Rights: The court declared the compulsory leave a breach of Article 47 of the Constitution.
• Double Jeopardy: The judge ruled that an employee cannot be punished twice for the same alleged infraction.
• Final Orders: The court revoked the leave letter, ordered immediate reinstatement, and permanently blocked KETRACO from pursuing the same matter against the manager.

Justice Ongaya explained that once the board concluded the initial disciplinary process, it became functus officio—a legal term meaning its authority on that specific matter was exhausted. It could not, therefore, lawfully impose new sanctions based on the same set of facts.

The ruling serves as a stark reminder to employers, particularly in the public sector, that while they have the power to send employees on leave to facilitate investigations, this power must be wielded within the strict confines of the law and cannot be used to settle old scores or circumvent established procedures.