Power struggle at CA as board decision is quashed

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Power struggle at CA as board decision is quashed

Wednesday, August 28, 2019 11:21

By ABIUD OCHIENG

The power struggle at the Communications Authority of Kenya (CA) took a new turn yesterday after the court suspended the recent appointment of Mercy Wanjau to take over from Francis Wangusi, whose term has expired.

Employment and Labour Relations Court judge Bryam Ongayo granted orders sought in an application filed by the Consumer Federation of Kenya (Cofek) through lawyer Henry Kurauka, while also directing that the case be heard together with another one filed by activist Okiya Omtatah challenging the appointment of the CA board.

“The recruitment, selection and appointment process of the Director-General of the Communications Authority of Kenya (CA) is hereby suspended,” ruled Justice Ongaya.

Mr Wangusi retired from the position on August 22.

Cofek is arguing that the CA chairman purported to appoint Ms Wanjau as the new director-general without conforming to the law on how such an office should be filled.

The law requires that a legitimate board should determine appointment of a CA director-general. Mr Kurauka stated that the position cannot be filled in the absence of a board.

A three-judge Bench had earlier suspended the appointment of the new CA Board in an urgent application filed by Mr Omtatah where he is challenging amendments to some sections of the Kenya Information and Communications Act (KICA), which he says were sneaked into law by Parliament through The Statute Law (Miscellaneous Amendments) Act, 2018.

He argues that the amendments eliminated sections of the Act that provide the all-important, foolproof procedure, complete with an independent selection panel, for ensuring that the process of recruiting the chair and members of the board is fair, open, competitive, merit-based, inclusive and that the resultant board is independent of government.

“It is untenable to remove the checks and balances which ensured that the board was appointed through a process that guaranteed its autonomy as required under Article 34 (5) (a) of the Constitution,” Mr Omtatah argues in court papers.

He says that the amendments make it possible for the Information Secretary to handpick and appoint his cronies to the CA board, adding that such a move would strip the board of the autonomy required of it under Article 34 (5) (a) of the Constitution.

He argues that if the amendments are allowed, the board will be unable to discharge its mandate under the Constitution, including protection of the freedom of the media guaranteed under Article 34 of the Constitution.

He has listed the Attorney-General; Kenya Law Reform Commission; National Assembly; CS Information, Communications and Technology are among those named as respondents.