Media Council fight as CEO tries to sack board member

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A power struggle has erupted in the Media Council of Kenya between CEO David Omwoyo and a board member. 

At the centre of the fight is Omwoyo's decision to remove board member Tabitha Mutemi, citing her paid employment at the Independent Electoral and Boundaries Commission.

Mutemi is IEBC's corporate communications manager. She says the CEO has no power to remove her from the MCK board.

She was appointed to the board by ICT Cabinet Secretary Joe Mucheru in 2019. Other members of the board are journalists Roselyne Oballa, Patience Nyange, Susan Karago, Mbugua NJoroge, Timothy Wanyonyi and Maina Mururi.

According to correspondences seen by the Star, trouble started when Omwoyo wrote to the board chairman and other employees that he and the secretariat would no longer recognise Mutemi as one of the council members "with immediate effect".

He said Mutemi's membership was improper as the law and a 2016 directive by Head of Public Service Joseph Kinyua prohibit government employees from holding another gainful employment at the same time.

"...in the circumstances, Ms Tabitha Mutemi who is under gainful employment by the IEBC can no longer hold the position of board member of the Media Council of Kenya," the Omwoyo letter dated January 11 reads.

The CEO's argument is based on the Attorney General's advisory to the ministry last year that supported Kinyua directive, holding that public officers cannot hold more than one gainful position at a time.

“... Given the analysis and findings above, we advise that holding two public offices is contrary to section 16 of the IEBC Act 2011 as read together with section 2(1) of the Fourth Schedule to the IEBC Act 2011," the advisory read.

“...Accordingly, Ms Tabitha Mutemi should not hold the position of an independent Board member of the Media Council of Kenya while she is still in gainful employment under IEBC."

But Mutemi has rejected Omwoyo decision, asserting her removal was unprocedural as the secretariat and the CEO have no power to remove her from office.

She was appointed by CS Mucheru via a Gazette notice and only he can remove her, she said.

"The Cabinet Secretary (as the appointing authority) is the only person who can cause the removal of office under the said provision...," Mutemi said through her lawyer, Makueni Senator Mutula Kilonzo Jnr, in a letter dated January 25.

Citing various sections of the Media Act, Kilonzo argues the advisory by the AG  was unlawful and "is not binding on the council and must be interpreted in a manner that is consistent with the Media Act and the Constitution".

Mutemi's lawyers argue the council has no role in recognition, appointment and revocation of a council membership.

“...you have no jurisdiction to remove or purport not to recognise a member appointed by the Cabinet Secretary in a gazette notice…"

They argue Mutemi was competitively recruited and that questions regarding her suitability were raised at that stage but dismissed.

Kilonzo characterised Omwoyo's action as abuse of office and said they would notify the EACC to investigate him.

The MCK's secretariat responded by emphasising its position that "Mutemi being a full-time employee at the IEBC cannot sit on another board of a state corporation as it amounts to double gainful employment."

(Edited by V. Graham)

A power struggle has erupted in the Media Council of Kenya between CEO David Omwoyo and board. 

At the centre of the fight is Omwoy's decision to remove board member Tabitha Mutemi, citing her employment at the Independent Electoral and Boundaries Commission.

Mutemi is IEBC's corporate communications manager.

She was appointed to the board by ICT Cabinet Secretary Joe Mucheru in 2019. Other members of the board are journalists Roselyne Oballa, Patience Nyange, Susan Karago, Mbugua NJoroge, Timothy Wanyonyi and Maina Mururi.

According to correspondences seen by the Star, trouble started when Omwoyo wrote to the board chairman and other employees that he and the secretariat would no longer recognise Mutemi as one of the council members "with immediate effect".

He said Mutemi's membership was improper as the law and a 2016 directive by Head of Public Service Joseph Kinyua prohibits government employees from being in another gainful employment.

"...in the circumstances, Ms Tabitha Mutemi who is under gainful employment by the IEBC can no longer hold the position of board member of the Media Council of Kenya," the Omwoyo letter dated January 11 reads.

The CEO's argument is based on the Attorney General's advisory to the ministry last year that supported Kinyua directive, holding that public officers cannot hold more than one gainful employment at a time,

“... Given the analysis and findings above, we advise that holding two public offices is contrary to section 16 of the IEBC Act 2011 as read together with section 2(1) of the Fourth Schedule to the IEBC Act 2011," the advisory read.

“...Accordingly, Ms Tabitha Mutemi should not hold the position of an independent Board member of the Media Council of Kenya while she is still in gainful employment under IEBC."

But Mutemi has rejected Omwoyo decision, asserting that her removal was unprocedural as the secretariat and the CEO have no power to remove her from office.

She was appointed by CS Mucheru via a Gazette notice and only he can remove her, she said.

"The Cabinet Secretary (as the appointing authority) is the only person who can cause the removal of office under the said provision...," Mutemi said through her lawyer, Makueni Senator Mutula Kilonzo Jnr. in a letter dated January 25.

Citing various sections of the Media Act, Kilonzo argues the advisory by the AG  was unlawful and "is not binding on the council and must be interpreted in a manner that is consistent with the Media Act and the Constitution".

Mutemi's lawyers argue the council has no role in recognition, appointment and revocation of a council membership.

“...you have no jurisdiction to remove or purport not to recognise a member appointed by the Cabinet Secretary in a gazette notice…"

They argue Mutemi was competitively recruited and that questions regarding her suitability were raised at that stage but dismissed.

Kilonzo characterised Omwoyo's action as abuse of office and said they would notify the EACC to investigate him.

The MCK's secretariat responded by emphasising its position that "Mutemi being a full-time employee at the IEBC cannot sit on another board of a state corporation as it amounts to double gainful employment."

(Edited by V. Graham)