Suspended CA director-general Francis Wangusi requests Labour Court to enjoin him in a petition by two people.
Humphrey Makokha Nyongesa and Collins Agweyu, through lawyer Edwin Sifuna, are seeking to have Mr Wangusi’s compulsory leave — which commenced on January 12 — suspended until their case is heard and determined.
They argue that the decision was unlawful and want the court to overturn it.
Suspended Communications Authority of Kenya (CA) director-general Francis Wangusi has thrown his weight behind a case filed at the Labour Court seeking to have him reinstated.
Humphrey Makokha Nyongesa and Collins Agweyu, through lawyer Edwin Sifuna, are seeking to have Mr Wangusi’s compulsory leave — which commenced on January 12 — suspended until their case is heard and determined. They argue that the decision was unlawful and want the court to overturn it.
On Monday Mr Wangusi, through lawyer Dennis Ngira, requested Labour Court Judge Maureen Onyango to enjoin him in the case as a co-applicant. Lawyer Ngira also defended the eligibility of Mr Nyongesa and Mr Agweyu to file the case, saying that they have a right to question how a public office is being managed.
CA, through lawyer Benson Ngugi, had requested the court to throw out the case because it has been filed by persons not recognised as having lawful authority to institute such a case, especially given that Mr Wangusi has ability to file a case on his own and had actually instructed a lawyer to represent him.
Mr Wangusi’s lawyer told the court that from the CA’s Human Resource Manual, “it is clear that an employee can only be sent on compulsory leave where (he) is under investigation.”
However, the letter which sent Mr Wangusi on compulsory leave simply said the reason was to facilitate an audit. Lawyer Ngira questioned whether the audit was limited to Mr Wangusi or applied to all employees.
“A human resource audit and investigations are totally different, according to the Human Resource Manual,” said Mr Ngira.
The lawyer asked the judge to overturn the decision to send Mr Wangusi on compulsory leave, should it be established that the decision violates the Constitution and breaches rules of natural justice.
CA, through lawyer Ngugi, said the manual provides for sending an employee on compulsory leave to enable it carry out investigations.
“Sending an employee on compulsory leave is in itself not a disciplinary action but the beginning of an administrative process,” said Mr Ngugi, adding that the court should not interfere with the process.
A ruling on the matter will be made on February 2.
Mr Wangusi has been at the helm of the Information and Communications Technology regulator since 2012 and was re-appointed for a term of four years in 2015.
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