Former Sports PS Cleared of KSh1.8m Surcharge Over KMTC Appointment

Kenya’s Ambassador to the Democratic Republic of Congo and former Principal Secretary for Sports, Amb. Eng. Peter K. Tum, will not have to pay a KSh1.837 million surcharge linked to the 2015 appointment of a Corporation Secretary at the Kenya Medical Training College (KMTC).

The State Corporations Appeal Tribunal has overturned the surcharge after finding that Tum was not involved in the Board meeting proceedings that culminated in the appointment of Dr. Miriam Ndunge Muthoka.

In Appeal No. SCAT 005 of 2025, the Tribunal quashed Certificate of Surcharge No. SUR/KMTC/013/2024, which had made Tum personally liable for KSh1,837,355.

The central issue was whether Tum could be held personally responsible for a decision made by the KMTC Board while he was absent from the deliberations. The Tribunal found that he could not.

According to the judgment, Tum had left the Board meeting before members discussed the appointment of the Chief Executive Officer and Corporation Secretary. His departure was linked to a conflict of interest because he was himself a candidate for the CEO position.

Tum’s deputy, John O. Anyira, subsequently took his place for the remainder of the meeting. The Tribunal relied on the official minutes, which recorded Tum’s departure and indicated that he did not return before the Board made the decision concerning the Corporation Secretary.

The Tribunal also found that no evidence had been presented to demonstrate that Tum participated in the deliberations or resolution that led to Muthoka’s appointment.

It therefore rejected the basis for holding him personally liable for the Board’s decision. The judgment noted that the minutes provided a clear record that Tum had left the meeting and remained absent when the matter was considered.

Holding him responsible for a resolution reached in his absence, the Tribunal found, would extend his responsibility beyond what the evidence supported. The Tribunal specifically determined that Tum “was not a party to the actual decision” to appoint Muthoka.

On that basis, the Tribunal allowed Tum’s appeal and found that the surcharge imposed against him was not justified. It subsequently ordered the cancellation of Certificate of Surcharge No. SUR/KMTC/013/2024, effectively removing the KSh1,837,355 liability that had been imposed on him.

The ruling addresses Tum’s personal liability in the specific surcharge case, with the Tribunal finding that there was no evidence connecting him to the Board decision that triggered the surcharge.

Tum currently serves as Kenya’s Ambassador to the Democratic Republic of Congo after previously serving as Principal Secretary in the State Department for Sports.