Outing Communications Authority director General Francis Wangusi has said he is ready to vacate office and handover to a properly appointed Director-General.
In an affidavit filed in court, Wangusi says it is his constitutional obligation not to handover the office in circumstances that violate the law.
He argues that he understands that the extraordinary circumstances at Communication Authority calls for extraordinary sacrifices hence his choice to sacrifice the enjoyment of his pre-arranged retirement and continue serving as the DG of the CA in the public interest.
“I pray that soonest a new CA Board will be constituted in full and strict compliance with the letter and spirit of the constitution to enable me to hand over in a graceful and orderly manner to my right to my rightful successor at the earliest possible opportunity,” Wangusi says in court documents.
He further states that he is willing and ready to continue serving in the office of the DG if the court orders him until a properly constituted board is in place to transact the all-important business of the CA.
He says that it is not tenable for him to exit at this time adding that currently there is a messy state of affairs at the CA.
“CA does not have a board of directors to transact any business of the board,” reads the affidavit.
He argues that among the businesses that the suspended board cannot transact is the appointment of an acting DG to whom he can hand over the office to and the exit the CA.
He has asked the court to ensure that there is a seamless and orderly transition of the top leadership at the CA in both the board and on the office of the DG.
Last week Activist Okiya Omtatah moved to court seeking to stop acting director general Mercy Wanjau from assuming office.
Wanjau was appointed after the expiry of Wangusi's tenure on August 21.
Omtatah asked Justice Byrum Ongaya to suspend the appointment of Wanjau or any other person as acting DG.
He wants the court to direct Wangusi not to vacate office until the case is heard and determined.
However, Judge Ongaya asked Omtatah to provide an affidavit showing Wangusi's undertaking that he is ready to continue serving as DG before he gives out any orders.
“It is against the public interest for the exiting DG to vacate office and hand it over to third parties unknown in law,” said Omtatah.
According to Omtatah, the chairman of the board is not the board and he has no capacity to single-handedly or in collusion with third parties to appoint an acting DG.
“Some third parties who are not the board and have no capacity in law to do so have purported to appoint Wanjau who has not even served for two months in her current position and is not the senior most staff member at CA to be the acting DG,” he says.
