Court lifts Wangusi’s suspension pending petition hearing

The High Court has lifted the suspension of Communications Authority of Kenya (CA) director-general Francis Wangusi pending the hearing of a petition he has filed.

Mr Wangusi, through Prof Tom Ojienda, told the court that CA’s board had acted illegally by purporting to send him on compulsory leave.

He alleged victimisation on other unrelated matters including interference of the running of the authority from the parent ministry.

Mr Wangusi claimed that the board also wanted to interfere with the operations of the management because of individual interests, which he had resisted.

ILLEGAL ACTION

Prof Ojienda added that the consequence of the illegal action is that Mr Wangusi had been painted as a corrupt and indecent person unworthy of occupying a public position.

“Unless therefore this matter is urgently heard and determined, the petitioner being a public figure and respected senior government official would continue being subjected to public ridicule and emotional and psychological torture without regard to his constitutionally guaranteed rights and fundamental freedoms,” the lawyer argued.

The board decided to send Mr Wangusi on compulsory leave in order to facilitate the forthcoming audit of human resources.

But he argued that the decision and the subsequent letter were not only unprocedural but also unreasonable, unlawful, malicious and illegal.

REASONS

Prof Ojienda argued that the human resource policy manual says that reasons necessitating compulsory leave provides that when there is need to carry out investigations involving an employee to prevent any possible interference.

He said the special board meeting held on January 12, was not a disciplinary meeting calling for any investigations.

The board thus acted illegally, maliciously and unreasonably by applying a disciplinary action to a non-disciplinary case, he said.

He further said that the board did not explain how Mr Wangusi would possibly ‘interfere’ with the human resource audit.

NO ACCUSATIONS

He also said that Mr Wangusi was never informed of any accusations against him prior to the board’s special meeting and neither was he given any notice.

Subsequently, the board through its session chair Mr Christopher Huka, issued a letter sending Mr Wangusi on a three-month compulsory leave.

“The petitioner attempted to engage the board soberly over its illegal actions through the letter dated 17th January 2018 bringing to the attention of the board the obvious procedural breaches but the board did not even bother,” he said.

He pointed out that the current board does not have a chairman appointed by the President as required by law and, therefore, it is improperly constituted to make any legally binding decision.