Big Win For Businessman, Peter Koria, As Court Lifts His Suspension From Work, Directs Immediate Reinstatement.
A High Court sitting in Nairobi has directed the Cabinet Secretary in the Ministry of Gender and Culture Arts and Heritage together with the Chairperson of the Board of Bomas of Kenya to immediately reinstate the embattled CEO of Bomas of Kenya after he challenged the decision at the High Court.
Justice Mathews Nderi Nduma in his decision said that the decision by the said parties was illegal and ordered it suspended.
“A mandatory injunction is granted directing the 1st and 5th respondents to unconditionally lift the suspension of the applicant/petitioner from employment communicated vide a letter dated 20th November 2023 and order for his immediate reinstatement, pending the hearing and determination of the petition. Costs be in the cause,” said the Judge.
The ruling came after the Mr.Koria sued the Cabinet Secretary, Ministry of Gender through city lawyer Danstan Omari.
Culture Arts & Heritage, Ethics and Anti-Corruption Commission, Chief of Staff & Head of Public Service, Office of the President, Chairperson, Board of Bomas of Kenya, Public Service Commission and Hon. Attorney General challenging his removal from office saying it fails to abide by the laid down laws and procedures.
Omari had urged the court to grant him an interim order suspending the decision to replace him as the Chairperson of the Bomas of Kenya.
“That in the interim and pending the hearing and determination of this petition, the honorable court be and is hereby pleased to make an order directing the 1st respondent to unconditionally lift the suspension of the applicant/petitioner from employment communicated vide a letter dated 20th November 2023 and order for his immediate reinstatement. That in the interim and pending the hearing and determination of this application and petition, this honorable court do make an order suspending and/or staying the decision of 2nd respondent contained in the letter dated 10th November 2023 directing the 1st respondent to suspend the applicant/petitioner herein,” he requested the court.
He urged the court to grant him the injunction orders against the decision to suspend him.
“That in the interim and pending the hearing and determination of this application and petition, this honorable court do make an order of injunction restraining the respondents either by themselves, employees, servants and/or agents from terminating the employment of the applicant/petitioner based on the illegal suspension. That in the interim and pending the hearing and determination of application inter-parties, this honorable court be pleased to issue an order restraining the respondents, either by themselves or their agents/or staff or any person from interfering in any manner whatsoever, with the applicant/petitioner in performance of his duties as the CEO/GM of Bomas of Kenya in the guise of conducting investigations,” Omari urged the court.
Which application is premised on grounds (a) to (e) on the face of the notice of motion and buttressed in the supporting affidavit of Peter Gitaa
