The Employment and Labour Relations court on Friday quashed the appointment of Mercy Wanjau as acting Director General of Communications Authority (CA).
The court also nullified the appointment of members of the CA board and further directed that Francis Wangusi does not handover until the board is properly constituted.
“The president should exercise his powers under the state cooperations act and extend the term of Wangusi until a new board is appointed to recruit the Director general,” Justice Byram Ongaya ordered.
This is after activist Okiya Omtatah and Cofek lawyer Henry Kurauka filed a suit challenging Wanjau’s appointment.
Omtatah argued that her appointment was flawed because at the time when Wangusi’s tenure expired, a duly constituted board was missing.
“The recruitment process leading to the appointment of a new DG, which starts with the incumbent vacating office and handing over to a duly appointed Acting DG, cannot be undertaken in this case, in the absence of a duly constituted board to appoint the Acting DG,” he said.
He further stated that the chairman of the board could not single-handedly or with the help of third parties appoint an acting DG.
“Some third parties who are not the board and who have no capacity in law to do so have purported to appoint Ms Wanjau (who has not even served for two months in her current appointment, and is not the senior most staff member at CA) to be the Acting DG,” he stated.
Wanjau, a former consultant with KPMG South Africa, Price Waterhouse Coopers Kenya was appointed in August.
Respondents in the case have been ordered to settle 50 per cent of the costs.