NAIROBI, Kenya Dec 22 – The Employment and Labour Relations Court in Nairobi has declared illegal and unconstitutional the decision by the Kenya Electricity Transmission Company Limited (KETRACO) to place Eng. Antony Tawayi Wamukota, General Manager for Design and Construction, on a three-month compulsory leave.
In a judgment delivered by Principal Judge Byram Ongaya, the court found that the action violated Eng. Wamukota’s constitutional right to fair administrative action under Article 47, which guarantees every citizen the right to administrative decisions that are lawful, reasonable, procedurally fair, and supported by written reasons.
“The respondents acted unreasonably by reopening a disciplinary process that had already been conclusively determined,” Justice Ongaya stated.
He further noted that placing Eng. Wamukota on leave amounted to double jeopardy and offended principles of natural justice.
The court observed that Eng. Wamukota had already undergone a full disciplinary process related to the procurement and transportation of transformers, which concluded in June 2024. Despite this, KETRACO’s Board placed him on compulsory leave in September 2025, citing new information and ongoing forensic investigations.
The judge ruled that the board, having completed the original process, became functus officio and could not lawfully reopen the matter or impose further sanctions on the same allegations.
While acknowledging that employers may place employees on compulsory leave to facilitate investigations, the court emphasized that such powers must be exercised within legal limits and cannot be used to unfairly punish an employee or revive settled disciplinary cases.
Consequently, the court revoked the letter placing Eng. Wamukota on compulsory leave, ordered his immediate reinstatement, and permanently restrained KETRACO from initiating any further disciplinary action against him over the same matter.
