Looks to me like the backsplash is a recent addition.
The duplex might have been there for a long time, and if it was installed previous to the requirement for GFCI protection, it is not a violation, although a suggestioncould be made to add the protection. It also could be a downstream device from a GFI receptacle or C/B.
Looks like it's time to take a chain saw to the backsplash, and let the countertop guy fix the results
As far as I can tell, the receptacle has been cut off at the top of the backsplash. The countertop was installed in the 70's and there is no gfi's in the house. As it is I have found only one circuit with a ground. I plan on trying to remove the receptacle this coming weekend when I have more time. Thanks for the responses. Tim
The plumbing pipes connected to the sink probably makes that counter not movable, so in a sense it's secured. Presumidly that box could be rotated and mounted sideways to allow full access to both outlets per code.