Appointed CA board barred from duty

The newly appointed board members of the Communications Authority of Kenya have been barred from performing any functions of their office. 

Justice Byram Ongaya on Friday issued conservatory orders against Mahmoud Mohamed Noor, Paul Muraguri Mureithi, Jackson Kemboi and Laura Chite until a case challenging their appointment is heard and determined. 

“Parties to maintain status as of today with respect to the performance of duty pending the inter-parties hearing of the application and the determination that the appointments were made in compliance with the Constitution of Kenya and the Kenya Information and Communication Act,” the order reads. 

In the case, activist Okiya Omtatah is challenging the decision by Information Communication and Technology CS Joe Mucheru to handpick and appoint individuals to the board without involving the Public Service Commission. 

The petitioner says Mucheru did not subject them to an open, fair, competitive and merit-based process. 

It is his argument that the board must be professionally recruited by the PSC through a foolproof process that meets the constitutional threshold. 

He argues that appointing one woman out of four does not comply with the two-thirds gender rule. It would require the appointment of two women for it to accord with the requirement of the law.

“I reasonably suspect that the only reason why the CS has violated the Constitution in the impugned appointments is because he wants to appoint a subservient board that is fully dependent on him and one that will not stand in his way but aid him when he chooses to act against the public interest in the affairs of the CA,” Omtatah said. 

He says CA has operated without a board since April 29 when the last board exited and as admitted by the ministry, even the appointments are not yet complete hence provision of public service will not be interfered with. 

The activist says the appointments violate the express provision of the law because they were appointed through a process that was opaque and not accountable.

Even the qualification was not sated, it is not possible to determine whether the candidates are lacking in skill, values, competence and qualification, he adds.

“There is absolutely no way of determining the suitability of the four and whether they are the best the country had to offer,” the application reads.

In response to the application, secretary in charge of administration Juliana Yiapana said the case has already been canvassed in the High Court which allowed PSC to appoint members to the board in a ruling dated July 12. 

She says the appointment done on July 19 was lawful and in line with the Kica as amended by the Statute Law Act 2018. 

The case will be heard on August 5.

Edited by R.Wamochie 

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