Justice Nzioki wa Makau Wednesday handed Mr Gitura a lifeline saying as the law gives powers to the President to appoint the chairperson of the regulator.
The judge dismissed a petition filed by Benedict Kabugi Ndung’u, who had challenged the appointment, citing a lack of transparency.
Employment and Labour Court has upheld the appointment of Kembi Gitura as the chairperson of the Communications Authority of Kenya (CA) for three years.
Justice Nzioki wa Makau Wednesday handed Mr Gitura a lifeline saying as the law gives powers to the President to appoint the chairperson of the regulator.
The judge dismissed a petition filed by Benedict Kabugi Ndung’u, who had challenged the appointment, citing a lack of transparency and failure to subject the process to competition.
Justice Makau, however, noted that Parliament, through the Statute Law (Miscellaneous Amendments) Act 2018, amended Kenya Information and Communications to allow for direct appointment of CA chair and board members by the President and the ICT Cabinet secretary, without engaging a selection panel that would advertise a vacancy and invite applications
Attorney-General Kihara Kariuki argued that although the amendment was among laws that were quashed last year, the High Court suspended the decision for nine months, hence the provision as it does not require a vacancy in the board to be declared through a gazette notice and on the official website of the ministry, inviting qualified persons.
“It is, therefore, proper and fit for the President to exercise his discretion in appointing the chair of CA as he did on the gazette notice. From the foregoing, the orders that commends itself is one dismissing the judicial review in its entirety,” said Justice Makau.
Mr Ndung’u had challenged the March 10, 2021, appointment of the former Senate Deputy Speaker, saying it was procedurally flawed because there was no vacancy notice.
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