BY SAM ALFAN.
Embattled CAK director Francis Wangusi will continue serving as the boss after the Employment court extended orders barring the commission from recruiting his successor.
The court decision to extend orders means newly appointed acting director general of the Communications Authority of Kenya Mercy Wanjau will not assume office until a board is in place.
Wangusi, whose term expired last week and was replaced by Mercy Wanjau in acting capacity vowed not to hand over to the new appointee, saying her appointment was illegal.
Consumers Federation of Kenya (COFEK) filed a case saying there is no board in place and therefore the appointment of Wanjau was not procedural. “We are asking that the orders issued before to be extended because there’s no existing board,” the court heard.COFEK urged the court to extend the orders and have an open recruitment exercise be done.
COFEK argued that there was no proper board and the planned recruitment to replace Wangusi is unlawful.
According to COFEK, the 13-member board, led by Gituku, has no powers to recruit a new director-general for a state entity, adding that the process should instead be steered by an independent recruiting body.
CAK through lawyer Githu Muigai refuted claims that there was no board. While explaining why the board is not full, the former AG said that there is a court order stopping gazettement of the other board members.
Last week court suspended Gazette Notice No. 6657 of July 18, 2019 that appointed appointment of Mahmoud Noor, Paul Mureithi, Jackson Kemboi and Laura Chite.
The court also issued a temporary injunction prohibiting Communication Authority , Public Service Commission and Attorney General from giving effect to Gazette Notice No. 6657 of July 18,2019.
The court said it cannot aid the furtherance of a constitutional breach as it has the duty to uphold the constitution which it must do without fear or favour.
