Court throws out report accusing deputy EACC CEO of gross misconduct
The High Court has quashed a report accusing the Ethics and Anti-Corruption Commission (EACC) Deputy CEO, Michael Mubea, of gross misconduct.
High Court Judge, George Odunga, ruled that the conduct of the investigatory process by the respondents- Commission on Administrative of Justice (CAJ) fell short of a fair administrative action under the constitution and the fair administrative action Act.
“I find that the respondents had no jurisdiction to embark on the investigations of the issues complained of during the pendency of similar investigations by the SRC and in light of the approval by SRC of the applicant’s remuneration,” Odunga ruled.
In the case, Mubea moved to court seeking to have the report quashed saying that he is apprehensive that on the basis of the commission’s unfounded conclusion that he had misled it will take measures to have him subjected to unfair criminal proceedings.
CAJ was investigating Mubea on anonymous complaint about his salary as being beyond rates approved by the SRC and investigations into alleged an improper acquisition of houses by EACC officials from NSSF.
Mubea, through lawyer Fred Ngatia, however, argued that he was never given an opportunity to see or comment on the full content and tenor of the report before it was published and even after publication the commission did not avail a copy of the report to him.
The report claimed that Mubea has been earning a salary not approved by the Salaries and Remuneration Commission (SRC) and that he willfully and deceitfully misled the Ombudsman during its investigations.
Mubea has sued the Commission on Administrative of Justice.
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