Court stops Media Council recruitment after Cofek suit
What you need to know:
- Justice Stephen Radido certified the case by the Consumer Federation of Kenya (Cofek) as urgent and directed lawyer Henry Kurauka to serve ICT Cabinet Secretary Joe Mucheru, the Attorney-General and MCK with the court documents.
- Cofek told the court that the ministry was conducting the second recruitment against legal provisions and without its involvement.
- The lawyer further claimed in the court documents that from the re-advertisement for second interviews, some of the best candidates from the first interviews either did not reapply or were not shortlisted.
The Employment and Labour Relations Court on Thursday stopped the planned recruitment of the Media Council of Kenya's chairperson and board members.
Justice Stephen Radido certified the case by the Consumer Federation of Kenya (Cofek) as urgent and directed lawyer Henry Kurauka to serve ICT Cabinet Secretary Joe Mucheru, the Attorney-General and MCK with the court documents.
Cofek told the court that the ministry was conducting the second recruitment against legal provisions and without its involvement.
The ministry declared the vacancies and called for applications to be sent by January 25, 2019.
It was then to hand over the process to the selection panel envisaged under Section 7 of Media Council Act, 2013.
ARGUMENTS
The lawyer noted that according to section 15 of the law, the panel shall stand dissolved upon appointment of the chairperson and the board members.
He further noted that in the event that they are not appointed, due to a botched process or for any other reason, the selection panel shall equally stand dissolved because of strict timings.
Such an extension, he said, cannot go beyond 14 days.
The lawyer also said the current selection panel, led by Mr Eric Oduor representing the Kenya Union of Journalists, is a non-existent entity.
SECOND INTERVIEWS
Mr Kurauka further claimed in the court documents that from the re-advertisement for second interviews, some of the best candidates from the first interviews either did not reapply or were not shortlisted.
Cofek chief executive Stephen Mutoro said the selection panel discriminated against the organisation by not formally alerting them on the decision to re-advertise the positions and conduct a second recruitment.
“The first respondent (ICT minister) has purported to illegally conduct a second recruitment against the legal provisions and without mandatory involvement of the petitioner and public participation,” Mr Mutoro said in an affidavit.
The matter will be heard on September 18.
