Ezekiel Mutua Ordered to Refund Sh27M He Paid Himself Irregularly

The State Corporations Appeal Tribunal has dismissed an appeal by former Kenya Film Classification Board (KFCB) CEO Ezekiel Mutua, affirming a government surcharge of over Sh. 27 million for what was declared an irregular and unlawful salary increment.

Mutua had challenged the Inspector General (Corporations)’s decision to surcharge him for a salary increase that saw his monthly pay shoot from Kshs. 348,840 to Kshs. 1,115,850 during his second term in office from October 2018 to October 2021.

In a ruling delivered on June 13, 2025, the Tribunal found that the pay hike violated Article 230 of the Constitution and Section 11 of the Salaries and Remuneration Commission (SRC) Act, as it was implemented without necessary approvals from the Cabinet Secretary or the SRC.

“The salary increment for the Appellant was irregular and unlawful,” the Tribunal stated, noting that the Board disregarded directives from the Cabinet Secretary not to renew Mutua’s contract or implement the salary hike.

The Tribunal also found that Mutua, who sat on the KFCB Board, had a conflict of interest by participating in deliberations that approved his own pay rise without declaring his interest or stepping aside.

Although Mutua claimed he was not to blame since the Board independently approved the increment, the Tribunal ruled that his involvement and continued receipt of the enhanced salary rendered him accountable.

On the issue of fair administrative process, the Tribunal noted that while Mutua was not granted an oral hearing before being surcharged, he had been invited to respond in writing and had the opportunity to appeal thus fulfilling procedural fairness under the law.

Mutua also argued that he was facing “double jeopardy” as other government bodies had raised similar claims, and that tax deductions had not been considered in calculating the overpayment. However, the Tribunal said such matters could be pursued through appropriate administrative avenues but did not invalidate the surcharge