Judge refuses to hear CCK case
The High Court nullified the appointment of Communications Commission of Kenya Director General Charles Njoroge. Photo/FILE
A judge on Thursday declined to hear a case challenging the re-appointment of Communication Commission of Kenya (CCK) director. (Read: Njoroge loses court bid to retain CCK director post)
Lady Justice Wanjiru Karanja told lawyers Waweru Gatonye and Francis Kurauka that the case filed by the Consumers Federation of Kenya (Cofek) should be heard by the Judicial Review and Constitutional Division (JRC).
“The issues raised in the case are of constitutional nature and should be heard by the JRC division. I will not hear the case but I will refer the case to principal judge Mbogholi Msagha to give directions,” ruled Justice Karanja.
She directed the parties to appear before Justice Msagha on August 29 for direction.
The vacation judge noted that all the parties had filed all documents for ease of adjudication.
Cofek has challenged the decision by Information minister Samuel Poghisio to re-appoint Mr Charles Njoroge as the head of CCK.
Mr Poghisio defended his action, saying Mr Njoroge was competent for the job.
He said the re-appointment was recommended by the Office of the Prime Minister and the Inspector of Statutory Corporations.
“On the basis of information given to me, Mr Njoroge has done very well during the three years he has led the Communication Commission of Kenya,” the minister said in an affidavit filed in court.
He cited the “great improvement in the financial performance of the commission under Mr Njoroge’s watch”, adding that mobile phone charges had come down and the industry had recorded “innovative changes.”
The Kacheliba MP, who was responding to claims that the reappointment was unprocedural, said he was guided in his decision by reports about his sterling performance from the State corporation advisory committee.
He said the reappointment had been done in accordance with the Constitution.
“It is therefore not true that I disregarded the guidelines issued by the Civil Service on appointing chief executives of parastatals,” the minister said.
Mr Poghisio added that the Cofek suit challenging his decision had failed to prove and establish any irregularity.
The CCK board, through chairman Philip Okundi, had recommended the termination of Mr Njoroge’s three-year term at the helm of the regulator.
