High Court disbands Communications Authority board
What you need to know:
- Communications industry regulator’s decisions could be challenged after decision.
- Judge quashes gazette notice of their naming, saying it was done outside statutory timelines.
The High Court has disbanded the Communications Authority of Kenya (CA) board over irregularities in the appointment procedures.
Judge George Odunga, on Friday last week quashed the gazette notice on the appointment of seven members of the panel for being conducted outside the statutory timelines, effectively leaving the media and telecommunications regulator without a board.
Mr Wilbert Choge, Mr Ken Nyaundi, Ms Grace Munjuri, Prof Levi Obonyo, Ms Hellen Kinoti, Ms Beatrice Opee and Mr Peter Mutie are affected by the court decision.
Authority Chairman Ben Gituku Ngene is, however, unaffected by the decision.
QUESTIONED INTEGRITY
Secretary-General of the ICT Association of Kenya, Kamotho Njenga filed an application in October 24, 2014, that prompted the Friday ruling.
His application also questioned the integrity of the recruitment process by a panel drawn from Cofek, Kenya Private Sector Alliance, Law Society of Kenya and the Media Council of Kenya.
Disbandment of the team could have far-reaching implications as decisions that were made by the board could be challenged in court.
The High Court may have opened doors for a review of several contentious decisions it had arrived at, including digital migration and the thin SIM technology.
“The three media houses that challenged digital migrations can go back to court on the basis of this ruling as the board had no legal quorum when it made those decisions,” said Consumer Federation of Kenya (Cofek) Secretary-General Stephen Mutoro.
Mr Mutoro urged the Ministry of Information Communication and Technology and the CA to seek a stay with a view of getting clarification on the judgment.
“I agree with it but it creates a lacuna with far-reaching implications, he could have ruled that the timelines be corrected instead of starting the process afresh,” said Mr Mutoro.
The CA could have been given a transition period since the integrity of the board members was not in question, said the Cofek boss.
DID NOT SEE LIKELIHOOD
Judge Odunga, however, stated that he did not see any likelihood of chaos as a result of the ruling since the appointments are not for life.
He urged the Cabinet secretary, Dr Fred Matiang’i to start the process of appointment of members of the CA board afresh in compliance with the law.
Mr Mutoro said the ruling creates a constitutional vacuum and could even affect the re-advertisement of CA director general.
The delay was caused by a low number of applicants and had to be re-advertised.
The law only allows the position to be advertised in the ICT website and the Kenya gazette and it was only on the advice of the Attorney General that the second call for applications was made public through the local dailies.
The board was gazetted on May 20, 2014 by Mr Matiang’i.
