The Employment and Labour Relations Court has allowed the National Biosafety Authority (NBA) to proceed with the disciplinary proceedings against its suspended Chief Executive Officer, Roy Mugiira.

This is after the court lifted an earlier injunction it had granted Mugiira, restraining NBA from taking any action against him until the case he had filed was heard and determined.

Justice Stella Rutto dismissed Dr Mugiira’s application to suspend the disciplinary process initiated by the NBA Board, thereby clearing the way for the continuation of proceedings that could seal his fate at the helm of the state agency.

“The Court declines to grant the orders sought in the application dated July 12, 2024, and consequently, the application is disallowed with no orders as to costs,” the court ruled.

She further reminded the NBA Board that, although it has the prerogative to discipline the CEO, the disciplinary process must be conducted in accordance with statutory procedural fairness.

“Specifically, the composition of the committee of the Board that may be appointed to sit in the disciplinary committee to handle the Claimant’s case should be as neutral as possible and should not include members who either sat in the audit committee or the ad hoc committee,” the court added.

The decision by Justice Rutto now paves the way for disciplinary proceedings against Dr Mugiira to continue for allegations of financial impropriety.

The suspended chief executive officer has been in Court since last year in an effort to reclaim his position at the Authority.

Last year in December, the court declined request by Dr Mugiira to resume his duties, noting that the orders issued had not lifted his suspension.

Dr Mugiira was suspended by the NBA Board on July 5, 2024, following recommendations from an internal audit report covering the financial years 2022/2023 and 2023/2024.

According to court papers, the report flagged various instances of financial impropriety under his leadership.

The Board subsequently formed an ad hoc committee to further interrogate the findings. On June 17, 2024, the committee issued Dr Mugiira with a notice to show cause. He responded on June 27, but on July 7, 2024, the Board resolved to suspend him for three months on half pay.