Court orders sacked CA board members get their jobs back

Communications Authority of Kenya board chairman Ngene Gituku during the launch of the spectrum management and monitoring system in Nairobi on March 3 /FILE
Communications Authority of Kenya board chairman Ngene Gituku during the launch of the spectrum management and monitoring system in Nairobi on March 3 /FILE

The Employment and Labour Relations court has issued a fresh directive, ordering that the sacked seven board members of the Communications Authority of Kenya be reinstated back to the office.

Justice Monica Mbaru ruled on Friday that CA and ICT Cabinet secretary Joe Mucheru will not be given any audience by the court until they comply with an earlier order requiring the seven directors to resume their positions.

She said the order will be enforced by the officer in charge of Spring Valley Police Station in Nairobi or the police station responsible for the Authority.

“I direct the officer to enforce the order by ensuring the petitioners are allowed free access to their offices as members of the board of directors,” she said.

Last week, the same court directed that the board remain in office pending hearing and determination of their case.

Justice Mbaru had summoned CA director-general Francis Wangusi and CS Mucheru to personally appear before the trial judge Nelson Abuodha to show cause why they should not be committed to civil jail for disobeying a court order.

The ousted board members Wilbert Choge, Kennedy Nyaundi, Grace Munjuri, Levi Obonyo, Hellen Kinoti, Beatrice Opee and Peter Mutie moved to court to challenge their sacking on grounds their dismissal was unlawful.

They claimed they were dismissed because of exposing financial rot at the CA and no action was taken by the relevant authorities.

The former board members seek to have Mucheru withdraw a Gazette notice dated February 9 that dismissed them.

Board chairman Ngene Gituku on Wednesday accused some ex-board members of tarnishing the communications regulator's name, by alleging the sale of Essar Telecom Kenya to Safaricom and Airtel was flawed.

The board approved the Essar exit on March 27, 2014, on condition that Airtel and Safaricom make an upfront payment of $5.4 million (Sh545.5 million) each to synchronise the acquired Essar licence rights of eight years.

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