Panel denies tribal bias in hiring of CAK chairperson

Stephen Mutoro, vice chairperson of the selection committee that picked candidates to chair the Communication Authority of Kenya. Photo/FILE

What you need to know:

  • The panel was reacting to public criticism that the selection process did not meet the constitutional provision on ethic and gender balance, having shortlisted seven people from one ethnic community.
  • Monday, the panel said it only acted on the list of applicants it had received and that it did the short-listing on merit.
  • Out of the 11 applicants, 10 came from one community raising questions as to whether the panel should have gone ahead with the recruitment of declared it non-responsive in view of the applications received and re-advertised the position.

The selection panel that picked candidates to chair the Communication Authority of Kenya (CAK) Monday denied alleged tribal bias, days after it presented three names to President Uhuru Kenyatta for appointment.

The panel was reacting to public criticism that the selection process did not meet the constitutional provision on ethic and gender balance, having shortlisted seven people from one ethnic community.

It shortlisted seven candidates and have since submitted three—John Kariuki, Nerbet Muriuki and Ben Ngene Gituku to President Kenyatta who will appoint one.

Mr Kenyatta is required to make his choice within 14 days of receiving the three names in line with the new law that created the CAK.

Monday, the panel said it only acted on the list of applicants it had received and that it did the short-listing on merit.

“We take this earliest opportunity to clarify that the process was conducted in a free, fair and transparent manner and that the candidates the panel settled are those it saw fit to hold the position of the chairperson based on pure merit and competence,” Stephen Mutoro, the vice chairperson of the selection committee said in a statement.

The selection panel comprises members from the Media Council, Kenya Private Sector Alliance (Kepsa), and Public Relations Society of Kenya (PRSK), Kenya National Union of Teachers (Knut), the Consumer Federation of Kenya (CofeK), the Institute of Engineers of Kenya (IEK) and ICT ministry as required by the Kenya Information Communication Amendment (KICA) Act 2013.

The panel’s decision has, however, come under public criticism for having fallen short of the constitutional requirement that spells out the values and principles of the public service.

Article 232 of the Constitution, demands that equal opportunity is afforded to men and women, members of all ethnic groups and people with disability in the hiring, training and advancement of officers at all levels of public service.

The panel had also shortlisted Joseph Kagau, who served as the chairperson of the Communications Commission of Kenya. Others were Edith Njeru, Daniel Kiber and Harun Kiraithe.

Four others including Lati Macharia, Mohamed Abdullahi, Rebecca Wangui and Joseph Macharia Kamau did not make it to the shortlist.

Out of the 11 applicants, 10 came from one community raising questions as to whether the panel should have gone ahead with the recruitment of declared it non-responsive in view of the applications received and re-advertised the position.

Article 232 (1)i of the Constitution establishes “affording adequate and equal opportunities for appointment, training and advancement at all levels of the public service to  men and women, members of all ethnic groups and persons with disabilities,” as one of the core national values.

The values and principles of public services apply to all State organs in both levels of government and all State corporations. 

But the panel Monday dismissed allegations of tribal bias, saying claims that it had violated the constitution were untrue.

“We wish to assure the public that there was no regional bias whatsoever in the process,” Mr Mutoro said. The hiring of the chairperson is part of the effort to reconstitute CAK board to conform with the Constitution.

The board will have 12 directors made up of three government representatives, a director-general, a chairperson and seven members from the private sector hired through a competitive process.

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