• Chairman says that Mercy Wanjau’s acting capacity is in no way affected by Tuesday’s court
• Francis Wangusi's contract lapsed on August 21
The Communications Authority of Kenya has full confidence in Mercy Wanjau as the acting director-general, chairman Ngene Gituku said on Wednesday.
Gituku's statement followed Tuesday's Labour Relations Court orders stopping the recruitment of a new director-general until the CA board is properly constituted.
The Consumer Federation of Kenya (Cofek) had asked the court to stop the recruitment of Francis Wangusi’s successor.
Gituku said yesterday: “Mercy Wanjau is the acting director-general of the Communications Authority of Kenya. I do not understand where the media got this narrative (that Wanjau is acting against the law) from."
The court, he stated, has insisted on the status quo. Status quo has nothing to do with the outgoing director-general whose contract lapsed on August 21.
He spoke during the opening of the African Advanced Level Telecommunications Institute’s 58th governing council meeting at Whitesands Hotel in Mombasa.
Cofek had argued through lawyer Henry Kurauka that although Wangusi may not necessarily want to extend his contract, wisdom dictated that he ought to sit in until a legitimate board is appointed and to complete the recruitment of his successor.
However, CA's lawyer Githu Muigai said it would be wrong for Wangusi to continue being the DG at the same time enjoying his pension.
Gituku said Wanjau’s acting capacity is not affected by the court order.
“She is sitting in following advice from State Corporations Advisory Committee which relies on Section 27 of the State Corporations Act to advise on the way forward in the absence of a board to appoint an acting director-general,” he said.
The chairman said once the board is constituted, the normal process will be followed to appoint Wangusi's replacement.
“Mr Wangusi did a fantastic job. We are very happy with him. There are no issues,” Gituku said.
Last week, Wangusi vowed not to hand over to "incompetent and greenhorn" Wanjau, who was appointed on Thursday.
A section of the media claimed that Wangusi was being ‘chased away’ from the office and official residence.
Gituku said, "We have an amicable agreement with him. His two four-year terms have ended. He will get his dues.”
He said Wangusi has not been forced out of his office or official house.
The CA chairman said it was confusing for Cofek to go to court as it sits in the panel that selects boards competitively.
He said it will be difficult for Wangusi to be paid should he continue sitting as DG. “Who is going to pay him? His contract ended on August 21.”