Matiang'i wants ruling disbanding Communications Authority board suspended
ICT Cabinet Secretary Fred Matiangi during the second annual Communication Authority's ICT Week at the Sarova Panafric Hotel, May 11, 2015. The ICT Authority, with the help of the World Bank, is trying to align counties to the national development agenda that is entrenched in the National ICT Master Plan. PHOTO | DIANA NGILA | NATION MEDIA GROUP
What you need to know:
- CS Matiang'i said the High Court ruling was unfortunate and comes at a time when KNBC had indicated an ICT growth of 13.4 per cent in 2015.
- He maintained the board was formed by a selection panel independent of the government and in accordance with Kenya Information Communications (Amendment) Act of 2013.
- The board was gazetted by Mr Matiangi in a May 30 Kenya Gazette notice.
The Information and Communications ministry is seeking the suspension of a ruling in which the High Court disbanded the Communications Authority of Kenya’s (CA) board, firing seven board members.
Cabinet Secretary Fred Matiang’i said the ministry had consulted Attorney-General Githu Muigai and would appeal the court decision.
“We have very strong views about the ruling. This is not the first time an attempt to disband the CA board is happening — in November 2013, there was an attempt to dismantle the regulator,” said Mr Matiang’i at the 10th Spectrum Management workshop on Wednesday in Nairobi.
He said the High Court ruling was unfortunate and comes at a time when the Kenya National Bureau of Statistics had indicated an ICT growth of 13.4 per cent in the 2015 Economic Survey. The government was targeting a 17 per cent growth in the coming year, he added.
The decision to appeal followed an intense crisis meeting on Wednesday attended by Mr Matiang’i, CA board chairman Gituku Ngene, who was not affected by the ruling, the attorney-general and CA Director-General Francis Wangusi.
REGULATOR STARTLED
The High Court decision, which came on Friday evening, startled the regulator and the ministry officials, who landed back in Kenya on Saturday from meetings in Kigali, for the East Africa Communications Organisation, and the World Summit on the Information Society forum in Geneva.
(READ: High Court disbands CA board)
Mr Matiang’i maintained that the board was formed by a selection panel independent of the government and in accordance with the Kenya Information Communications (Amendment) Act of 2013.
He said the panel comprised nominees from the Media Council of Kenya, the Kenya Private Sector Alliance, the Law Society of Kenya and the Institute of Engineers of Kenya.
Others were the Public Relations Society of Kenya, the Kenya National Union of Teachers, the Consumers Federation of Kenya and a representative of the ICT ministry.
“The (role of) government was insignificant with one member as a representative. The minister was the conveyor belt of the final selection,” said Mr Matiang’i.
IRREGULARLY APPOINTED
On Friday, the High Court ruled that the authority’s board members were irregularly appointed.
The board was gazetted by Mr Matiangi in a May 30, 2014 Kenya Gazette notice.
Its disbandment leaves a vacuum and speculation is rife on whether the appointment of the new director-general of the CA would be affected by the ruling.
“Unless the board is restored, recruitment will be delayed — (the) CA has to put a new board in place before the recruitment can continue,” said Mr Wangusi, one of the contestants for the position.
