Court quashes Ketraco decision to send manager on compulsory leave

Court gavel./File

A labour court has quashed the decision by the Ketraco board to send on compulsory leave a manager linked to a project involving the transportation of a transformer that was damaged in a road accident.

Employment and Labour Relations Court principal judge Byram Ongaya also directed the company to pay for the costs of the petition after agreeing with Antony Wamukota that his being sent on compulsory leave was irregular, unprocedural and unconstitutional.

The court’s findings relate solely to the legality of the compulsory leave and do not determine liability for the accident itself.

The judge ordered that Wamukota who is the General Manager for Design and Construction at the Kenya Electricity Transmission Company Limited not to bedismissed from work or sent on leave.

Wamukota had moved to court to challenge a decision in which the Board of Ketraco had sent him on a three-month compulsory leave in September.

The matter revolved around a contract for the transportation of two transformers from Mombasa to Kitale and Ortum in West Pokot. The two transformers weighed 90 tons and 40 tons respectively..

The 40-ton transformer was safely delivered to the Ortum Substation in West Pokot on August 7, 2023. However, the 90-ton transformer did not reach Kitale as the truck that was transporting it was involved in an accident at Kamara, some 70km from Nakuru.

The accident caused the transformer to fall off the truck, rendering it not fit for purpose.

In December 4, 2023, Wamukota received a show cause letter requiring him to explain why disciplinary action should not be taken against him over alleged gross negligence that the company said led to the loss of an asset.

A month later, he was asked to submit a statement on his handling of the ill-fated transformer.

The disciplinary procedures culminated with an appearance before a special board meeting on May 2, 2024 where Wamukota distanced himself from any wrongdoing.

On June 7, 2024, Wamukota was informed that the board had cleared him of any wrongdoing and exonerated him.

There was a subsequent development more than a year later,  in a special general meeting for a disciplinary meeting involving senior management that was convened under the direction of the Public Service Commission.

From that meeting, a decision was reached to send Wamukota on a three-month compulsory leave. It is that decision that Wamukota challenged in court arguing it was without any justifiable cause and that it arose out of a disciplinary process not linked, associated or connected with him.

Wamukota told the court that the order of the PSC required then CEO John Mativo to undergo the disciplinary process following his role in the awarding the tender for the transportation of the ill-fated transformer.

Wamukota also challenged his being sent on compulsory leave for three moths yet the law only allows one to be sent on compulsory leave for 30 working days.

In its response to the petition, Ketraco acting MD Kipkemoi Kibias told the court that Wamukota had approved a memo that allowed officers to travel to Mombasa to supervise the loading of the two transformers.

This, Kibias said, was done in circumstances that a formal contract had not yet been duly executed between the parties.

He argued that the transportation process commenced prematurely following approvals attributed to Wamukota.

“It is the respondent’s case that in such circumstances, it was not correct that the petitioner was absolved of any blame in that regards,” Kibias said.

In his judgment, Justice Byram Ongaya agreed with Wamukota that the manner in which Ketraco imposed the compulsory leave amounted to double jeopardy because it violated his rights to a fair hearing and the principles of natural justice.

“The court hereby issues a declaration that the 3-month compulsory leave against the petitioner was irregular, unprocedural, illegal, unconstitutional and hence null and void ab ignition,” Justice Ongaya said.

He also issued orders restraining Ketraco from sending Wamukota on leave or terminating his employment based on the matters arising from the ill-fated transformer.

“The cost of this petition be paid to the petitioner by the respondents,” the judge ordered.