Court stops Mucheru from appointing new CAK board

Activist Okiya Omtatah won a major victory after a court blocked ICT Cabinet Secretary Joe Mucheru from appointing new members of the Communication Authority of Kenya board. 

In an application, the human rights activist claimed the tenure for the current board expired on Monday, meaning CS Mucheru would appoint a new board any time if the court did not intervene.

Omtatah said the CS would be at liberty to handpick and appoint his cronies to the board, stripping it of autonomy as required under Article 34 of the Constitution.

Omtatah said the matter was urgent. 

“Pending hearing and determination of this matter, the court be pleased to issue an interim order suspending implementation of the amendments made by the Statute Law (Miscellaneous Amendments) Act 2018 of the Kenya Information and Communication Act 1998,” the application reads. 

He says the exiting members had been appointed to the board for three years with effect from April 29, 2016, and their tenure expired on Monday.

The activist and others have sued the state, the Attorney General, the Kenya Law Reform Commission, National Assembly Speaker Justin Muturi and Senate Speaker Kenneth Lusaka. 

“The impugned amendments to the Kica eliminate section 6(B) which provides the all-important foolproof procedure, complete with an independent selection panel for ensuring the process is fair, open, competitive, merit-based and inclusive,” court documents read.

He further states that it is untenable to remove the checks and balances which ensured the board was appointed through a process that guaranteed its autonomy in line with the Constitution. 

In his view, if the court suspends the impugned amendments, it will not interfere with or disrupt the operations of the public body as a new board will be appointed under the Kica as it was before the amendments.

“The amendments were enacted through a process that grossly violated the Constitution, legislation and case law,” Omtatah said. 

He faulted Parliament for enacting the Statute Law (Miscellaneous Amendments) Act, 2018, arguing that it acted in contempt of court. He cited August 28 last year when during a debate on statute law, the speaker "deliberately and contemptuously disregarded the caution raised through MP Otiende Omollo over a court order prohibiting that use of statute law". 

(Edited by R.Wamochie)