Activist sues regulator, Mucheru, Githu over disbanded CA board

Activist Okiya Omtata has filed a case challenging a decision by the ICT Cabinet Secretary Joe Mucheru to disband the Communications Authority of Kenya (CA) board  on Attorney-General Githu Muigai’s advice to withdraw an appeal challenging the High Court orders sending the team home.  

Mr Omtata Tuesday sued the CA, Mr Mucheru, Prof Muigai, and the regulator’s chairman Mr Ben Gituku.

“Pending the hearing and determination of this case, court be pleased to issue orders stopping the Gazette notice by the ICT CS declaring vacancies in the positions of members of the Authority’s board,” Mr Omtata said.

Seven members of the CA board were disbanded on February 5 after Mr Mucheru following advice from the AG to withdraw an appeal of a case disbanding the board in May last year.

Mr Omtata wants the Authority also stopped from proceeding to recruit and appoint new members to the board and that the Prof Muigai be barred from interfering with the independence of the CA.

He argued that the directive to disband the team was unconstitutional because it portrays the government, political and commercial control.

He claimed that withdrawal of the Court of Appeal case will consequently deny the seven former board members a chance to go through a fair trial yet there are allegations of corruption cartels involving the Authority.

The regulator’s board was first disbanded by Justice George Odunga on May 29 last year on grounds that it was illegal.

And the board together with the then ICT minister Fred Matiang’i moved to the Court of Appeal to contest the ruling.

But on February 6, Mr Mucheru said the seven-member board ceased to be in office from that date and that a process to establish a new team would kick off immediately.

The seven had threatened to sue over last week’s move claiming that the decision came after a forensic audit on the Authority’s spending, revealed huge misuse of funds, hence pressure by the chairman and management to do away with the board.

Mr Wilbert Choge, Mr Kennedy Nyaundi, Ms Grace Munjuri, Ms Hellen Kinoti, Ms Beatrice Opee, Mr Peter Mutie and Mr Levi Obonyo, the seven disbanded regulator’s board members, are listed as interested parties in the suit.