Omtatah seeks to stop appointment of CA acting director general

The appointment of Ms Mercy Wanjau as an acting director general of the Communications Authority of Kenya (CA) hangs in the balance following a suit filed challenging her appointment.

Activist Okiya Omtatah on Friday filed an urgent application at the Labour Court arguing that Ms Wanjau has been appointed to the position of acting Director General without following the law.

He wants court to direct that outgoing Director General Francis Wangusi, should not vacate office until the case is heard and determined.

TENURE EXPIRED

Mr Wangusi’s tenure expired on August 21, 2019 at a time when the CA had no board to appoint an Acting DG to whom the exiting one can hand over office.

“The recruitment process leading to the appointment of a new DG, which starts with the incumbent vacating office and handing over to a duly appointed Acting DG, cannot be undertaken in this case, in the absence of a duly constituted board to appoint the Acting DG,” Mr Omtatah told the court.

He further argues that it is against the public interest for the exiting DG to vacate office and hand it over to third parties unknown in law, adding that the chairman of the board has no capacity to single-handedly, or in collusion with third parties, appoint an Acting DG.

MAKING CHANGES

“Some third parties who are not the board and who have no capacity in law to do so have purported to appoint Ms Wanjau (who has not even served for two months in her current appointment, and is not the senior most staff member at CA) to be the Acting DG,” Mr Omtatah.

There are currently in place, orders issued by another court stopping the appointment of the CA board and all its operations, including making changes in the office of the DG, until, a case challenging the Board’s appointment is determined.

The case will be heard on September 3.