Ministry faults High Court move to disband telcos regulator board
From left: Communications Authority of Kenya (CA) Director-General Francis Wangusi, ICT Cabinet Secretary Fred Matiang'i and CA board chairman Ngene Gituku at a past workshop. PHOTO | SALATON NJAU | NATION MEDIA GROUP
What you need to know:
- ICT Cabinet Secretary Fred Matiang’i said the ministry, which is the appointing authority, will challenge the move as it was wrong on law and facts.
- Judge George Odunga, on Friday last week quashed the gazette notice on the appointment of seven members of the team.
- Disbandment of the panel could have far reaching implications as decisions made by the board may be challenged in court.
- The law only allows the positions to be advertised at the ICT website and the Kenya Gazette.
The government will contest a High Court decision that disbanded the entire board of the Communications Authority of Kenya.
ICT Cabinet Secretary Fred Matiang’i said the ministry, which is the appointing authority, will challenge the move as it was wrong on law and facts.
“We have very strong views about the ruling.
"This is not the first time an attempt to disband CA board is happening; in November 2013, there was an attempt to dismantle the regulator,” Mr Matiang’i said during the 10th Spectrum Management workshop in Nairobi Wednesday.
Judge George Odunga, on Friday last week quashed the gazette notice on the appointment of seven members of the team for being conducted outside the statutory timelines.
Those affected were Mr Wilbert Choge, Mr Ken Nyaundi, Ms Grace Munjuri, Prof Levi Obonyo, Ms Hellen Kinoti, Ms Beatrice Opee and Mr Peter Mutie .
CA Chairman Ben Gituku Ngene is, however, unaffected by the decision. The case was filed by Secretary General of the ICT Association of Kenya Kamotho Njenga on October 24, 2014.
In his ruling, Justice Odunga directed the ICT Cabinet secretary to start the process of the appointment of members afresh in compliance with the law.
The delay, which resulted in the ministry missing the timelines set by the Act, was reportedly caused by a low number of applicants, forcing a re-advertisement.
It is in the re-advertisement where the ministry went against the law by calling for applicants through local dailies.
The law only allows the positions to be advertised at the ICT website and the Kenya Gazette.
The decision to appeal follows a crisis meeting on Tuesday, attended by Mr Ngene, Dr Matiang’i, Attorney-General Githu Muigai and CA Director-General Francis Wangusi.
Disbandment of the panel could have far reaching implications as decisions made by the board may be challenged in court.
The High Court may have opened doors for a review of several contentious decisions the CA had made, including those on digital migration and the thin SIM technology.
“The three media houses that challenged digital migration can go back to court on the basis of this ruling as the board had no legal mandate when it made those decisions,” said Consumer Federation of Kenya Secretary-General Stephen Mutoro.
