Court stops hiring of new Communications Authority board members
What you need to know:
Employment and Labour Relations Court Judge Nelson Abuodha suspended a Kenya Gazette notice of February 5 which had declared the positions vacant and had called for new candidates to apply for the jobs.
The recruitment of new Communications Authority of Kenya (CA) board members has been frozen by a court following an application by seven members of the disbanded board.
Employment and Labour Relations Court Judge Nelson Abuodha suspended a Kenya Gazette notice of February 5 which had declared the positions vacant and had called for new candidates to apply for the jobs.
“It is hereby ordered that the application be served on the respondent [CA] for mention before any judge on February 25, 2016 for directions on hearing inter-partes,” Justice Abuodha directed Friday.
The order came hours before Information, Communication and Technology (ICT) ministry closed the window on applications for the positions.
The seven members, led by Mr Wilbert Choge have sued the Communications Authority and the ICT Cabinet Secretary Joe Mucheru.
The other members are Mr Kennedy Nyaundi, Ms Grace Munjuri, Ms Hellen Kinoti, Ms Beatrice Opee, Mr Peter Mutie and Mr Levi Obonyo.
They argue that their removal from office was unprocedural and want to be reinstated.
The board positions fell vacant following withdrawal of an appeal against a High Court decision, in May last year, that the board be disbanded.
The High Court had ruled that the board was illegal but the decision was appealed by Attorney-General Githu Muigai who got conservatory orders. Mr Mucheru last week withdrew the appeal effectively disbanding the board and leaving the positions vacant.
“The move to withdraw the notice of appeal violates the independence of the authority and contravenes the Constitution and the relevant statute,” the board members said in a letter to Mr Mucheru on Tuesday.
In the letter, the board also claimed they were being dismissed for demanding that mobile telephony company Airtel pay Sh2.1 billion licence fees.
Activist Okiya Omtatah has also sued Mr Mucheru, the AG and Airtel and wants the AG barred from interfering with the independence of the Authority. Mr Omtatah’s applications is set to be heard Friday.
CA is the broadcast and telecoms regulator and has jurisdiction over the broadcast sector, satellites, issuance of frequencies and mobile telephony.
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