NAIROBI, Kenya Jun 18 – The Employment and Labour Relations Court has overturned the interdiction of Kenya Electricity Transmission Company Limited (KETRACO) General Manager for Design and Construction, Eng. Antony Tawayi Wamukota, ruling that the disciplinary process used against him was unlawful and violated fair hearing requirements.
In a judgment delivered on June 17, 2026, Justice Jacob Gakeri found that KETRACO breached both constitutional standards and its own human resource procedures when it interdicted Wamukota while he was already on compulsory leave, a status that had previously been challenged in court and set aside.
The court further noted that the employer issued a show-cause letter and interdiction letter on the same day, effectively denying the employee a meaningful opportunity to respond before disciplinary action was taken.
Justice Gakeri also upheld earlier findings by Justice Hellen Wasilwa, who had suspended the interdiction and show-cause notice and ordered Wamukota’s reinstatement pending the hearing of the case.
KETRACO had justified the interdiction on grounds that Wamukota was under investigation over alleged governance, contractual, and financial irregularities tied to the Kenya–Tanzania 400kV Power Interconnection Project. The utility argued that the allegations posed risks of financial loss, delays, and reputational damage, necessitating his removal from duty during investigations.
However, the court held that the legality of the interdiction process had already been substantially addressed in earlier proceedings, which found procedural lapses on the part of the employer. It also ruled that the matter could proceed in court since it involved alleged violations of constitutional rights, making the doctrine of exhaustion inapplicable.
Although Wamukota sought compensation for alleged infringement of his rights, the court observed that he remained in employment and had not suffered significant prejudice. It therefore awarded him Ksh50,000 in damages and ordered KETRACO to pay half of the costs of the case.
