Former Kenya Film Classification Board (KFCB) CEO Dr. Ezekiel Mutua has lost an appeal seeking to overturn a government directive requiring him to refund Sh27,612,360 in irregular salary increments and allowances he received during his tenure.
The State Corporations Appeal Tribunal, chaired by Aggrey Lucas Kidiavai, dismissed Dr. Mutua’s appeal and upheld a surcharge certificate issued by the Inspector General (IG) of State Corporations. The tribunal ruled that the pay hike and entertainment allowances were unlawful, lacked required approvals, and resulted in a loss of public funds.
Dr. Mutua, who led the KFCB from 2015 to 2021, controversially drew a salary of Sh1.1 million monthly from 2019—more than double the Sh480,000 ceiling set by the Salaries and Remuneration Commission (SRC). The salary was unilaterally approved by the KFCB board despite the SRC having capped the CEO’s pay at Sh348,840.
The tribunal found that although the Cabinet Secretary for Sports and Heritage had explicitly declined to renew Dr. Mutua’s contract in May 2018, the KFCB board defied this directive and renewed his tenure for another three years. The board later recommended a salary hike based on performance, but this was again rejected by the CS in April 2019. Despite the rejection, the board implemented the new salary structure, which Mutua continued to draw until his departure in 2021.
“The board never implemented the directions of the Cabinet Secretary to stop the increment or recover the amounts already disbursed, which then gave rise to the instant matter,” the tribunal noted in its ruling.
Dr. Mutua had argued that the board’s decision to approve the raise rendered the increment legitimate and that the Inspector General had failed to show a financial loss to the government. He also challenged the inclusion of taxes in the Sh27 million figure, saying it could lead to double payment.
However, the tribunal dismissed his defense, stating that the renewal of his contract and subsequent salary hike bypassed due process, including approvals from the SRC, the State Corporations Advisory Committee (SCAC), and the Cabinet Secretary.
The decision sets a firm precedent on executive pay within public institutions and is seen as a significant win for accountability in state corporations. Dr. Mutua is now required to refund the full amount as per the tribunal’s ruling.
