Ousted CA board members claim they were victimized for not approving Airtel's Sh2.7b waiver

NAIROBI, KENYA: Ousted Communication Authority (CA) board members have come out in their defense alleging that their refusal to approve a Sh2.7 billion spectrum waiver for Airtel is the cause of their woes.
They have now called on the parliament to create an inquiry committee to investigate CA board chair Ngene Gituku over what they claim as an abuse of office.

In a statement, the four ousted members have accused CA Director General Francis Wangusi of personally writing to Airtel purporting to exempt the Telco from non-payment of the said amount.

It is said that later Wangusi sought the board's approval which was denied for the second time even after a resolution from a technical team meeting insisted that the amount should be paid.
It is this non-payment that was said to be the grounds on which CA has withheld granting license since January 2015.

"The Board's refusal to ratify the action of management was made in the knowledge of that neither the CA nor the board has the power or authority to waive or vary tax, fees or charges due to the exchequer," read the statement signed by Peter Mutie, Kipsang Choge, Hellen Kinoti and Grace Munjuri.

Ideally, the powers belong to the Cabinet Secretary in charge (National Treasury) under section 77 of the Public Finance Management Act.
"We are aware the CS has not given any such waiver of spectrum fees in favour of Airtel," the statement read in part.
In a letter dated November 18, Treasury CS Henry Rotich had written to CA directing the authority to immediately demand payment of Sh2.7 billion that should have been paid not later than December 31, 2015.

When the new board was inaugurated, CA management is said to have presented a proposal to exempt Airtel from paying the spectrum fee of which the board declined unanimously.

"The board's chair to claim that members solicited bribes from Airtel is just a realization that his attempts to shield Airtel have been frustrated. We need parliament to set up inquiry on abuse of power," read the statement.

They added that if any board member had solicited bribe then it is criminal and should be investigated which the management has not made any such step.

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