Mulembe Times
Former Kenya Film Classification Board (KFCB) Chief Executive Officer Ezekiel Mutua has been ordered to refund Ksh.27 million to the government following a tribunal ruling that declared his salary increment during his second term irregular and unlawful.
In a ruling delivered by the State Corporations Appeal Tribunal, Mutua’s pay rise from Ksh.348,840 to a staggering Ksh.1.1 million per month—awarded over a three-year period—was found to have violated public service salary procedures. The tribunal directed that both Mutua and Nehemiah Koech, a board member who endorsed the increment, be held jointly responsible for the financial loss.
The Inspectorate of State Corporations launched the inquiry after questions were raised about the circumstances surrounding Mutua’s reappointment and pay upgrade in 2018. According to documents presented during the proceedings, the Board of KFCB renewed Mutua’s contract despite a clear objection from the then Sports, Culture, and Heritage Cabinet Secretary, who oversaw the film board’s operations.
“The Inspectorate noted that the board’s decision to increase the CEO’s salary…on a ‘personal to self’ basis was unlawful and irregular,” the Tribunal stated. “Mr. Mutua ought to be surcharged as a consequence, having sat in the board and benefited directly.”
Public sector salary adjustments in Kenya fall under the jurisdiction of the Salaries and Remuneration Commission (SRC), which provides guidelines to all state corporations and government entities. The tribunal found that KFCB’s decision to bypass the SRC in approving the salary hike constituted a violation of the law and accountability standards.
The Cabinet Secretary had reportedly rejected both the contract renewal and the pay rise, instructing the board to reverse the decision and recover any overpaid amounts. However, no action was taken by the board, leading to the eventual intervention by the tribunal.
In his defense, Mutua denied any wrongdoing. He claimed he was reappointed in good faith and acted under the belief that the board’s actions were valid. He further stated that he discharged his duties and received the enhanced salary with no written objection or warning from the ministry.
“I continued to work and earn a salary without any objections, reservations, and/or queries from the Cabinet Secretary,” Mutua argued before the tribunal. “This led me to believe that my reappointment and compensation were legitimate and properly approved.”
The tribunal, however, rejected this defense, stating that both Mutua and Koech, who was then chair of the Human Resource Committee, failed to uphold their fiduciary duty and instead colluded to authorize an unlawful financial benefit.
Nehemiah Koech’s role was singled out for scrutiny, with the tribunal noting that as a senior member of the board, he should have ensured compliance with legal salary structures.
The tribunal’s decision sends a strong message about personal responsibility and accountability in public office. It also adds to the growing scrutiny of parastatal boards in Kenya, many of which have come under fire for financial mismanagement and flouting of remuneration guidelines.
This ruling marks a significant fall from grace for Mutua, who had styled himself as a “moral policeman” during his tenure at KFCB, known for aggressively regulating content in Kenyan media. His leadership was often controversial, but he remained a visible figure until his unceremonious exit in 2021.
Mutua has not publicly commented on the ruling, and it remains unclear whether he will challenge the tribunal’s decision in court.
As public attention turns to the execution of the surcharge order, the ruling may pave the way for greater enforcement of ethical standards within state corporations—an area long plagued by impunity and disregard for procedure.
