Court suspends notice to fill position of Communications Authority Director General

The Labour court has suspended a notice to fill the position of Communications Authority of Kenya (CA) director general pending hearing and determination of a case challenging the advertisement.

Justice Maureen Onyango issued the order on Wednesday following an application by the Information Communication Technology Association of Kenya (ICTAK) on grounds of illegality.

“The application is hereby certified urgent, leave granted to apply for an order to quash a vacancy notice for the position of director general or chief executive officer at CA. The leave to serve as stay of the said vacancy notice,” ruled the judge.

In their application challenging the vacancy notice, the Information Communication Technology Association of Kenya (ICTAK) argued that the recruitment process poses a real risk to fair competition and merit as the basis of appointment as envisaged under Article 232 (1) (g) of the Constitution.

“It is imperative that this Honorable Court intervenes at the earliest instance to remedy the illegalities bedeviling the recruitment process being currently undertaken by the Respondent,” reads court papers

They further claimed that the recruitment notice by CA is “unlawful, unreasonable, procedurally unfair and contrary to the dictates of Articles 27 and 47 (1) of the Constitution.”

“The decision and recruitment notice by the Respondent is by all means ultra vires the lawful powers bestowed upon CAK,” court heard.

The notice, which seeks a replacement for former CA Director General Francis Wangusi was first advertised in the local dailies in May and then re-published on June 17 and 19 in the dailies.

The Information Communication Technology Association of Kenya argues that the vacancy notice discriminates against certain cadres of eligible applicants.