• Omtatah seeks order to quash the appointment of Wanjau or any other person as acting DG.
• Wangusi's tenure expired on August 21 but the appointment of acting DG by the board has sparked a storm.
The wrangles at the Communications Authority of Kenya have deepened after a suit was filed to stop acting director general Mercy Wanjau from taking office.
Wanjau was appointed by the boardafter the expiry of the tenure of Francis Wangusi on August 21.
Activist Okiya Omtatah on Friday 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 undertaking that he is ready to continue serving as DG before he gives out any orders.
Omtatah argues that the matter is extremely urgent and has a significant bearing on the public interest with respect to the assets and affairs of the CA.
“It is against the public interest for the exiting DG to vacate office and hand it over to third parties unknown in law,” he said.
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.