EACC seeks suspension of NGAAF CEO as court blocks his removal

The Ethics and Anti-Corruption Commission has recommended the suspension of National Government Affirmative Action Fund (NGAAF) CEO Roy Sasaka Telewa, even as the Employment and Labour Relations Court issued temporary orders stopping any move to remove him from office.

In a letter dated January 12, 2026, and addressed to Gender CS Hanna Wendot, the commission is conducting investigations related to the CEO's wealth and other issues touching on financial administration.

The Commission said the investigations are being conducted under the Anti-Corruption and Economic Crimes Act 2003, the Proceeds of Crime and Anti-Money Laundering Act 2009 and the Public Procurement and Asset Disposal Act 2015.

According to the letter signed by EACC CEO Abdi Mohamud, the agency conducted searches on January 8 at Telewa’s residence and office pursuant to a court-issued warrant.

The Commission claimed that “several documents and information were recovered” during the operation.

The EACC said the nature of the allegations and the ongoing inquiry warrant the temporary removal of the CEO from office.

“We recommend that the above-named officer be suspended from office for a period of six months,” the letter stated.

The Commission cited various legal provisions supporting its recommendation, including Section 42(7) of the Leadership and Integrity Act 2012, which allows the suspension of a state officer where such action is considered necessary pending the determination of allegations.

The letter further referenced Regulation 25 of the Leadership and Integrity Regulations 2015, which permits suspension once the Commission has initiated investigations and made such a recommendation.

Regulation 25(3) provides that an officer under suspension shall be on half pay while investigations continue.

The EACC also highlighted provisions of the Public Service Code of Conduct and Ethics 2016, specifically Section 36(6), which states that a public officer facing allegations may be suspended while an inquiry is underway.

The agency noted that it has powers under Section 4(4) of the Leadership and Integrity Act to require public entities to take necessary actions to enforce compliance with ethical and leadership standards.

“The Commission is empowered… to require public entities to carry out such functions and exercise such powers as may be necessary to enforce compliance with the leadership and integrity requirements,” the letter stated.

The recommendation places responsibility on the Ministry of Gender, Culture and Children Services, under which NGAAF falls, to act on the proposal.

The Commission said it would notify the ministry once the inquiry is concluded.

The letter was copied to the Chief of Staff and Head of Public Service Felix Koskei, and the Chairperson of the NGAAF Board.

However, a day after the EACC’s letter, the ELRC issued conservatory orders that temporarily halted any attempt to suspend or remove Telewa from his position.

The orders, issued on January 13, 2026, by Lady Justice Jemimah Wanza Keli, arose from a Notice of Motion dated January 12, filed by Telewa against the NGAAF Board, the Cabinet Secretary for Gender and Affirmative Action, and two other respondents.

The court certified the application as urgent and restrained the respondents from convening or proceeding with a Board meeting scheduled for January 13, or any other meeting “in furtherance of the impugned process,” pending the hearing of the application.

“That pending the hearing of this Application and the court is further pleased to issue a temporary conservatory order restraining the Respondents whether by themselves, their agents, servants or any person acting under their authority, from suspending, removing, terminating or purporting to terminate the Petitioner’s contract of service; convening, directing, influencing or acting upon any Board meeting or process aimed at his removal; appointing or retaining any person in an acting or substantive capacity as CEO of NGAAF; or in any other manner interfering with the Applicant’s lawful tenure and functions as CEO,” Justice Keli ordered.

The orders were issued pending the hearing of the application inter partes on January 21, 2026.

The court directed that the application be served for response within seven days and issued a penal notice warning that disobedience of the orders would result in consequences for those involved.