Kenya’s Ambassador to the Democratic Republic of Congo (DRC), Peter Tum, has been cleared of a KSh1.84 million surcharge over an irregular appointment made during his tenure as Kenya Medical Training College (KMTC) Chief Executive Officer in 2015.
In its judgment, the State Corporations Appeal Tribunal allowed Tum’s appeal and quashed the Certificate of Surcharge requiring him to pay KSh1,837,355.
The Tribunal’s determination centred on whether the envoy could be held personally responsible for a Board decision that resulted in the appointment of Dr. Miriam Ndunge Muthoka as KMTC Corporation Secretary.
It, however, found that Tum, the immediate former Principal Secretary, State Department for Sports, was not part of the Board deliberations when the decision was made.
According to the judgment, Tum had left the Board meeting before the matter concerning the appointment of the Corporation Secretary was discussed because he was conflicted, having been a candidate for the CEO position.
His deputy, John O. Anyira, replaced him for the remainder of the meeting.
The Tribunal examined the minutes of the meeting and found that they confirmed Tum had stepped out and did not return before the Board made the decision to appoint Muthoka.
It further found that there was no evidence showing that Tum participated in the deliberations or resolution that resulted in Muthoka’s appointment.
The Tribunal held that holding Tum liable for a decision made in his absence would extend the limits of his responsibilities, particularly since the minutes clearly showed that he had left the meeting and did not return.
The Tribunal consequently found that the surcharge against Tum was not justified and that he was not liable to pay the KSh1,837,355.
It ordered that Certificate of Surcharge No. SUR/KMTC/013/2024 be quashed and formally set aside the surcharge imposed against him .
