High Court nullifies CCK boss's reappointment

By Cyrus Ombati

The High Court has nullified the appointment of Charles Njoroge as director General of the Communications Commission of Kenya (CCK), in what sets the stage for a battle that started with the board in March this year.

On Wednesday, High Court judge David Maraga issued the temporary orders and directed that the CCK Board appoint an acting director general, until the case is determined.

Charles Njoroge (PHOTO: FILE/STANDARD)

A consumer lobby group, the Consumer Federation of Kenya (Cofek) had gone to court seeking orders to stop the re-appointment of Mr Njoroge for the second three-year term citing that Information minister Samuel Poghisio decision contravened the Constitution.

The appointment, Cofek said was irregular on grounds that the CCK Board had declined to renew the term of the director general for what it termed as due to a below par performance following an appraisal conducted.

The news of the nullification of his appointment caught him by surprise as he chaired departmental meetings.

Njoroge told The Standard that he heard of the nullification from journalists because the commission had been locked out of the case.

"You know we had been locked out of this case. I will seek the advise of the Permanent Secretary but we will respect the rule of law on that," he said.

Njoroge said on the phone that it was a shocker to him and to many staff when the news of the nullification of the appointment came.

The order comes in just less than two weeks after Mr Poghisio gazetted the re-appointment of Mr Njoroge, which was to take effect from July 7, 2011.

In a related court battle, mid last month, a Constitutional Court dismissed a case seeking to block the renewal of Njoroge’s term. Suing on behalf of Phone Book Ltd, Ibrahim Mwangi Athumani had asked the court to block the minister from issuing a gazette notice, saying the move would be unconstitutional.

According to Athumani, the minister had violated the mandatory requirements of Article 73 and 259 by disregarding the decision of the CCK board while renewing Njoroge’s contract.

Justice Daniel Musinga, however, dismissed the application on finding that Athumani had hidden from the court information that a similar application was pending before the Supreme Court.

The board had recommended that Njoroge’s term should not be renewed due to a below par performance following an appraisal conducted in the wake of an application by the director-general seeking renewal of his contract.

In March Philip Okundi — who chairs the CCK board — wrote to Mr Poghisio, advising against renewal of the term.