No way back for Wangusi, says ICT boss

ICT Cabinet Secretary Joe Mucheru. [File, Standard]

The ICT Ministry yesterday maintained that Francis Wangusi’s exit as the head of the Communications Authority of Kenya (CA) is irreversible.

The assertion by Cabinet Secretary Joe Mucheru further stoked the controversy around a legal dispute over the authority of the regulator’s board to appoint a new director-general.

Mucheru said the court order issued by the Employment and Labour Relations Court on Tuesday did not reinstate Wangusi since his term had already expired.

“Francis Wangusi has served his two terms in office that came to an end on August 22,” said Mr Mucheru.

“The court said the status quo be maintained, so Mercy Wanjau continues serving in an interim capacity because the court cannot extend someone’s term in office once it has lapsed.”

The CA board echoed the CS’s position, saying the recruitment process of a new director-general remains on hold pending the hearing and determination of the case challenging the legality of the composition of the board.

“The court specifically pronounced itself on the import and effect of the order of status quo, to mean that it was in relation to the recruitment of the director-general and not the extension of the term of office of the former director-general,” said Chairman Ngene Gituku in a statement.

“Consequently, the recruitment process will remain on hold as directed by the court. Meanwhile, with the lapse of the term of the immediate former director-general on August 21, 2019, Mrs Mercy Wanjau will continue to discharge the duties of the office on an interim basis,” he added.

On Tuesday, Labour Relations Court Judge Byram Ongaya extended the orders granted on August 16, barring the regulator from appointing a new director-general following a petition filed by the Consumers Federation of Kenya (Cofek), challenging the recruitment process. “Having listened to the parties, I order that the status quo be maintained and any recruitment, selection or appointment of a new director-general of Communications Authority of Kenya is hereby suspended pending determination of the suit,” ruled Justice Ongaya.

Cofek maintains that the appointment of Mrs Wanjau on an interim capacity is irregular and accuses the CA board and CS Mucheru of ignoring the court order. The case has been scheduled for September 10 and will be heard together with one filed by activist Okiya Omtata who is also challenging Mucheru’s appointment of new CA directors. 

The legal dispute puts the CA in a dilemma since the existing board of directors that was inaugurated barely two months ago cannot make significant decisions or take action until the case is determined.