Disbanded CA board sues Mucheru, Githu

ICT Cabinet Secretary Joe Mucheru speaking at Inoorero University during a Wireless Local Area Network (WLAN) commissioning programme on June 13, 2012. Mr Mucheru said the CA board ceased to be in office as of February 6, 2016. PHOTO | DIANA NGILA | NATION MEDIA GROUP

What you need to know:

  • The seven members, led by Mr Wilbert Choge, said they were compiling documents to defend their stay at the board.
  • Board Chairman Ben Gituku Ngene, however, told the Daily Nation that the fate of the members is sealed.
  • Mr Mucheru said the board ceased to be in office as of Friday last week, following advice from the AG to withdraw an appeal of a case disbanding the board in May last year.

The disbanded Communications Authority of Kenya board members have filed a suit against ICT Cabinet secretary Joe Mucheru and the Attorney-General Githu Muigai even as a gazette notice sealed their fate.

The seven members, led by Mr Wilbert Choge, said they were compiling documents to defend their stay at the board.

“We are suing the minister and the AG for contempt. CA is an independent body and any decision regarding the institution can only be done under the board’s instructions,” said Mr Choge on phone Monday.

“They have issued out advertisements for our jobs through the Kenya Gazette yet they have not withdrawn the notice that put us into office.”

Board Chairman Ben Gituku Ngene, however, told the Daily Nation that the fate of the members is sealed.

“The positions have been declared vacant as per the Kenya Gazette, which has been sent out for printing.”

“The selection panel will meet within seven days of gazette notice and, thereafter, between six and eight weeks a new board will be instituted,” said Mr Gituku.

Mr Mucheru said the board ceased to be in office as of Friday last week, following advice from the AG to withdraw an appeal of a case disbanding the board in May last year.

The board was first disbanded by Justice George Odunga on May 29 last year owing to it being illegal.

Besides initiating the legal process, board members have written a letter to the CS, calling for an early meeting that they hope will lead to reversal of the disbandment.

“The move to withdraw the notice of appeal violates the independence of the authority and contravenes the Constitution and the relevant statute,” states the letter.

In the note, members quote their stand on issues ranging from Airtel’s frequency fee, restructuring of the management, a forensic audit on CA spending among others to be the reason behind their being sent home.

“We want to bring to your attention the fact that the workings of this board and its ability to stand its ground has not been pleasing to many, including the board chairman and management,” says the letter.

Mr Gituku has, however, dismissed the claims saying, “I am not the appointing authority, I cannot remove the board."