Ex-KFCB CEO Ezekiel Mutua Ordered to Refund Ksh27 Million Over Irregular Pay Rise
Former Kenya Film Classification Board (KFCB) CEO, Ezekiel Mutua, has suffered a major setback after he was directed to return over Ksh27 million to the government.
The State Corporations Appeal Tribunal ruled that the salary increment Mutua received during his second term was illegal and went against public service regulations.
According to the Tribunal’s decision, the salary increase, which more than tripled his monthly pay, was not approved by the required government agencies.
The Tribunal confirmed a previous surcharge issued by the Inspectorate of State Corporations (ISC), which had earlier concluded that the pay rise amounted to misuse of public funds.
“The Certificate of Surcharge SUR/001/2024 for the amount of Ksh27,612,360 is upheld and confirmed against the Appellant,” part of the ruling stated.
The ruling further revealed that after his reappointment in 2018, Mutua’s monthly salary was increased from Ksh348,840 to Ksh1,115,850 — a decision that raised eyebrows.
The tribunal noted that the KFCB board approved the massive pay rise without seeking proper approvals from key oversight bodies, such as the Salaries and Remuneration Commission (SRC), the State Corporations Advisory Committee (SCAC), or the Cabinet Secretary responsible for the sector.
The Inspectorate of State Corporations first issued the surcharge notice to Mutua in October 2024, under Section 19 of the State Corporations Act. The Inspectorate stated that Mutua had personally benefited from a decision he actively took part in, which was a clear conflict of interest.
“The board’s decision to raise the CEO’s salary on a ‘personal to holder’ basis was unlawful and irregular,” read the official surcharge letter.
Interestingly, the then Cabinet Secretary for Sports and Heritage had declined to renew Mutua’s contract in May 2018. However, just a few weeks later, the KFCB board went ahead and reappointed him.
In addition to renewing his term, the board instructed the Human Resources and Administration committee to reassess his pay package, citing his past performance.
Minutes from a board meeting held in January 2019, which were submitted to the Tribunal, revealed that despite some internal objections, the majority of board members agreed to the salary hike.
The board later tried to get retroactive approval from the Sports CS, who in April 2019 rejected the proposed increment and directed that any funds already paid to Mutua be recovered. However, that directive was never implemented.
In his defense, Mutua claimed he believed everything was done within legal limits. He said he trusted that the board had the power to reappoint him and determine his salary based on his performance and merits.
Despite his explanation, the Tribunal was not convinced and maintained that the decision was both improper and unlawful. It therefore ordered Mutua to pay back the Ksh27.6 million he earned from the irregular salary increase.
Additionally, the Tribunal found Nehemiah Koech — a KFCB board member who supported and facilitated the salary hike — equally responsible for the financial irregularity.
As of now, Ezekiel Mutua has not made any public statement in response to the ruling or the order requiring him to return the millions he received.
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