Court to rule on Ezekiel Mutua’s recovery suit over Ksh22.6M pay dispute
By Zipporah Ngwatu, June 17, 2026A Milimani High Court will rule on a preliminary objection in the case involving former Kenya Film Classification Board (KFCB) chief executive officer Ezekiel Mutua and 12 others over a Ksh 22.6 million pay dispute.
The Ethics and Anti-Corruption Commission (EACC) moved to the High Court seeking to recover the Ksh22,658,085 allegedly paid to Mutua through increases in basic salary and entertainment allowance during his tenure as KFCB chief executive.
The matter came up today, on Wednesday, June 17, 2026, before Judge Benjamin Musyoki to confirm compliance with the filing of written submissions on two applications dated April 20 and May 8, 2026, and for further directions on the matter.
Appearing before Judge Musyoki, the lawyers representing all the parties confirmed that they had filed and exchanged their respective submissions, paving the way for the court’s determination of the preliminary issues.
Justice Musyoki of the Anti-Corruption and Economic Crimes has set the date October 2, 2026, to deliver a ruling on the application by Ezekiel Mutua, the honourable Jackson Kosgei and 11 others that is challenging the court’s jurisdiction to hear the matter.
“The Anti-Corruption and Economic Crimes Division of the High Court will, on October 2, 2026, rule on applications challenging its jurisdiction in a Ksh22.6 million recovery suit involving former Kenya Film Classification Board (KFCB) Chief Executive Officer Ezekiel Mutua and 12 other defendants,” Judge Musyoki directed.
In the application some of the defendants sought to be struck out from the suit, arguing that the State Corporations Appeal Tribunal dispute had already determined the issues raised.
According to the defendants (Mutua and 12 others), the matter is therefore res judicata, a legal doctrine that prevents the same issues from being litigated more than once after a final decision has been made.
The ruling is expected to determine whether it has the jurisdiction to hear the dispute and whether it will proceed against all the defendants (Mutua and 12 others).