A Milimani High Court will rule on a preliminary objection in a 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) approached the court seeking to recover Ksh 22,658,085 that it claims was paid to Mutua through increases in his basic salary and entertainment allowance during his tenure at KFCB.
The matter came up on Wednesday, June 17, 2026, before Judge Benjamin Musyoki, who was set to confirm that the parties complied with filing written submissions on two applications dated April 20 and May 8, 2026, and to give further directions.
In court, the lawyers for all parties confirmed that they had filed and exchanged their submissions, clearing the way for the judge to determine the preliminary issues.
Justice Benjamin Musyoki of the Anti-Corruption and Economic Crimes Court set October 2, 2026, to deliver a ruling on an application by Ezekiel Mutua, the Hon. Jackson Kosgei, and 11 others challenging the court’s jurisdiction to hear the case.
“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, several defendants asked the court to strike them from the lawsuit, arguing that the State Corporations Appeal Tribunal had already resolved the disputed issues.
According to these defendants (Mutua and 12 others), this makes the matter res judicata: the legal doctrine that prevents parties from litigating the same issues twice after a court delivers a final decision.
The upcoming ruling will determine whether the court has the jurisdiction to hear the dispute and whether the case will proceed against all the defendants.
