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KBC boss gets reprieve from order nullifying appointment

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Industrial Court judge Nduma Nderi had on Friday nullified Mr Waihenya’s appointment. PHOTO | FILE

Kenya Broadcasting Corporation managing director Waithaka Waihenya has got temporary relief after a court issued orders stopping nullification of his appointment.

Industrial Court judge Nduma Nderi had on Friday nullified Mr Waihenya’s appointment, arguing that the limitation of age for candidates to below 45 years was discriminatory and against the Constitution.

The judge further faulted the scrapping of the post of a deputy managing director, which was done by KBC’s top management. Activist Jared Juma filed the suit seeking to nullify Mr Waihenya’s appointment.

Justice Nderi said that the violations of the laws made Mr Waihenya’s appointment invalid, as it was the result of unconstitutional changes made to the parastatal’s structure.

“Including a must meet condition of being below age 45 for the managing director remains a violation of the right against discrimination based on age. The recruitment of the current holder of the office of the managing director, KBC is null and void,” he said.

Mr Juma had also said in his petition that the failure to include the salary to be paid to the successful candidate in the advertisement of a vacancy in the position was against the KBC laws.

KBC announced the vacancy in 2010, and Mr Waihenya was subsequently appointed to the job. Mr Juma moved to court in 2012 seeking the MD’s removal.

The judgment follows the consolidation of two suits, one against the age limit requirements and another against the exclusion of a deputy managing editor post.