A legal battle is looming between Sports Cabinet Secretary Rashid Achesa Mohamed and a Kenyan over the appointment of Kenya Film Classification Board Chairman.
This after Anthony Otiende Otiende contested the appointment of Kenya Classification Board Chairman by the CS.
Mr Otiende claims that, Achesa has no powers to appoint the Chairman of the Board and therefore wants the court to quash decision by Achesa to appoint Bishop Jackson Kosgei as the chairman of the Board.
He claims that the reappointment of the interested party as the chairperson of the Board was made contrary to the critical values and principles that govern and regulate the appointment to public office and the is therefore illegal.
He argued that Kosgei’s appointment as the Chairperson of KFCB was done by a stranger to the law, a non-appointment authority and therefore the appointment was made in excess of jurisdiction.
“In filling the vacancy of the chairperson of the Board, Achesa subjected with impunity the national values and principles of governance,” says Otiende.
According to the petitioner, any vacancy of the chairman of the Board should be notified to the public and that the public must be given an opportunity to apply.
“The values and principles of public service compromise fair competition and merit, representation of Kenya’s diverse communities, affording adequate and equal opportunities to men and women, the members of all ethnic groups and persons with disabilities as factors which must be considered promotions and appointments,” says Otiende.
“That the re-appointment of Kosgei was made contrary to the relevant values and principles of governance,” state court documents.
Among the orders that he wants is an order quashing the gazette notice dated 19th of April 2018 and published in July 20th appointing Kosgei as the chairman of the Kenya Film Classification Board.
He further wants the court to issue orders stopping the government from appointing Kosgei to the Board until the matter is heard and determined.
He claims that on 19th July 2018, Sports CS Achesa re appointed Kosgei as the Chairperson pf the Kenya Films Classification Board.
That Kosgei is about to convene and preside over a full board meeting and shall do so as soon as the KFCB receives funds from the First Quarter of the Financial Year yet his re-appointment by Achesa is irregular and without power.
“The KFCB Board does not belong in the category of institutions within the Ministry of Sports and Heritage upon which Achesa can exercise powers of appointment,” reads the papers.
He claims that the reappointment of Kosgei was marred by manifest procedural impropriety, illegality and noncompliance with the law and should therefore be declared null and void.
The matter to proceed for further directions.
