Employment and Labour Relations Court on Tuesday stopped the recruitment of the Communication Authority Director-General.
Justice Byram Ongaya directed that Francis Wangusi, whose term elapsed on August 21, remain in office until a case challenging the appointment of Mercy Wanjau as Acting Director-General is heard and determined.
The case was filed by the Consumer Federation of Kenya (Cofek) who argue that CA did not follow the constitution in the appointment of Ms Wanjau.
“We are asking that the orders issued before to be extended because there’s no existing board,” the court was told.
According to Cofek, the 13-member board, led by Ngene Gituku, has no power to appoint a new director-general for a state entity.
However, CA’s legal team refuted the claims saying the board is there, only that it’s not fully constituted.
The case will be mentioned on September 10.
Prior to the court directive, Ms Wanjau had issued orders directing Wangusi to vacate a government house he occupies.
“You are hereby notified that you have been given thirty (30) days from the date of this letter, to vacate the institution house which you currently occupy,” the notice reads in part.
Last week, Wangusi, who was appointed to the Director-General Position in August 21, 2012, contested the appointment of Ms Wanjau as the new CA boss referring to her as “incompetent.”
Speaking to a local media on Thursday last week, Wangusi said that Ms Wanjau’s appointment had been rejected by the board and that she was forced into the position by few individuals with selfish interests.
“It is sad that a few people with selfish interests are forcing an incompetent person to head such a vital government institution,” said Wangusi.
He said that he learnt of the appointment after the authority unveiled Wanjau to the media on Thursday morning.
Commenting on the issue, Information Communication Technology Cabinet Secretary Joe Mucheru said Wangusi has no option but to leave.
Ms Wanjau, prior to her appointment, was the director of Legal Services and board secretary. She also served as a consultant with KPMG South Africa as well as Price Waterhouse Coopers (PWC) in Kenya.
She also served on the International secondment at the UN-international telecommunications union.