Francis Wangusi will remain working as Communication Authority (CA) boss until a proper board is constituted to appoint his successor, a judge directed Friday.
Justice Byron Ongaya of the Labour court made the ruling as he nullified the appointment of 13 members to the CA board.
The judge also quashed the appointment of Mercy Wanjau as Mr Wangusi’s replacement.
Mr Wangusi was directed to remain in office until a proper CA board is set up and his replacement picked.
The judge directed President Uhuru Kenyatta to exercise his powers under the State Corporation Act to extend Wangusi’s term until a new board is appointed to recruit the new CA director general.
The judge ruled that CA had no validly constituted board to appoint the regulators director general.
“The ICT cabinet secretary does not have the power to hand-pick a suitable person for the position of director general,” Justice Ongaya said.
Ms Wanjau was appointed in August 2019 to replace Wangusi, who has been at the helm of the authority since August 2012.
Earlier the court had suspended the recruitment of the CA director-general’s successor when the petition was filed.
Cofek through lawyer Henry Kurauka had argued that the CA board had irregularly appointed Ms Wanjau to replace Mr Wangusi in an acting capacity.
The judge heard it was illegal for CA chairman Ngene Gituku to lock out Mr Wangusi from office and order him to surrender the authority’s assets in his possession when he has no such powers.
“He has no powers to make any changes or appoint any person in any capacity until the board is properly constituted. It will be an abuse of the court powers if the decision to replace the director-general is allowed to stand,” said Kurauka.
But the CA board through senior counsel Prof Githu Muigai argued that Mr Wangsui had been legally removed from office after his second term expired on August 22.
Prof Muigai stated the CS had the authority to appoint a new director-general given that Mr Wangusi had agreed to serve only until the end of his tenure.
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