Francis Wangusi, through lawyer Tom Ojienda, told the court that CA’s board had acted illegally by purporting to send him on compulsory leave.
A judge on Tuesday lifted the suspension of Communications Authority of Kenya (CA) director-general Francis Wangusi, pending the hearing of a petition he has filed.
Mr Wangusi, through lawyer Tom Ojienda, told the court that CA’s board had acted illegally by purporting to send him on compulsory leave.
He said he was apprehensive that the unreasonable and illegal actions of the board were a result of victimisation on other unrelated matters including interference of the running of the authority from the parent ministry.
He said the board also wanted to interfere with management’s operations because of individual private interests, which he had resisted. Prof Ojienda added that the consequence of the illegal action was that Mr Wangusi had been painted as a corrupt and indecent person unworthy of occupying public office.
“Unless therefore this matter is urgently heard and determined, the petitioner being a public figure and respected senior government official would continue being subjected to public ridicule and emotional and psychological torture without regard to his constitutionally guaranteed rights and fundamental freedoms at the expense of the illegal and unlawful letter of compulsory leave issued in bad faith and which lacks any force of law,” Prof Ojienda argued.
The board decided to send Mr Wangusi on compulsory leave in order to facilitate an audit. But he argued that the decision and the subsequent letter were unprocedural, unreasonable, unlawful, malicious and illegal.
Mr Wangusi said in a sworn statement that he had briefed the board on the outcome of the Airtel case and the status of the recruitment of the three assistant director generals. The board recommended that recruitment of the three officials be halted to await the outcome of the audit.
Prof Ojienda argued that the suspension did not adhere to the CA’s human resource guidelines. He said that the board does not have a substantive chairman, hence is improperly constituted and cannot make legally binding decisions.
He said the board acted illegally, maliciously and unreasonably by applying a disciplinary action to a non-disciplinary case.
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