Wednesday, August 10, 2011

High Court orders CCK boss out of office




Written By:Glena Nyamwaya,    Posted: Wed, Aug 10, 2011
The reappointment of CCK Director General Charles Njoroge has elicited much controversy with Wednesday's High Court order proving to be a big blow
The High Court on Wednesday issued a temporary order for the Communication Commission of Kenya (CCK) Director General Eng. Charles Njoroge to vacate office.
High Court Judge Justice David Maraga said the decision was necessary pending the hearing and determination of a suit filed on Tuesday by the Consumer Federation of Kenya (COFEK) against the decision to reappoint Njoroge.
In the lawsuit, COFEK wants Information Minister Samuel Poghisio, the Attorney General Amos Wako and the CCK Board to answer why the reappointment was not conducted transparently as outlined in the new Constitution.
According to Cofek, the two went against the law when they reappointed Njoroge before advertising the position to allow for fair competition.
Justice Maraga issued the order on grounds that the Information Minister had flawed the legal procedure by the reappointment of Njoroge.
The court heard that the Minister overstepped his mandate having gone ahead  to reappoint Njoroge for a second term contrary to the board of directors in breach of the Constitution.
Maraga further ordered the CCK board to appoint an acting chief to the CCK to take charge in the meantime as the matter is decided.
Parliament decides on reappointment
The row over Njoroge's re-appointment spilled to Parliament on the 12th of July, with the Parliamentary Select Committee on Energy, Communications and Information Committee grilling the Commission's board over the manner in which the process was conducted.
Njoroge's term was renewed for a further three years in April by Information and Communications Minister Samuel Poghisio after he had been asked to step aside by the CCK Board following an altercation.
"I wish to state that Charles Njoroge remains in office and that as the appointing authority I will proceed to renew his contract in line with the law," Poghisio told a news conference in April.
Regulations demand that six months to the end of the three-year term, the sitting Director General writes to the CCK board to express his/her interest in having the contract renewed.
Committee member Ekwe Ethuro said there was a misunderstanding between the Minister, CCK management and the Board especially over the Director General in particular.
"The board saw it fit to evaluate his term before recommending his re-appointment. If they found him good, they would not advertise the job," Committee chairman James Rege said.
Ethuro said they summoned the CCK board because they are keen to ensure there is a harmonious relationship among all stakeholders at the Commission in a bid to ensure efficient service delivery to Kenyans.
"ICT contributes a lot to this country's economy, that is why we are concerned with the ongoing at CCK," Rege added.
Minister defends Njoroge
Poghisio rubbished a letter by CCK chairman Phillip Okundi purporting to send Njoroge on terminal leave.
The minister said the chairman acted in disregard of the board and the minister in issuing the letter. His term has been reviewed two months before its expiry in June.
A review of Njoroge's performance in the performance contracting by the board led by Okundi indicated that his performance was below par.
The rating was however, questionable given Njoroge's performance at the helm of CCK in the last three years.
He is credited with spearheading the reduction of calling rates which had hitherto been unaffordable to most Kenyans.
He is also credited with being responsible for the liberalization of the telecommunication sector while strengthening the regulations and the recent enactment of the mobile portability.
But the last seemed to have rubbed some shoulders the wrong way.
"If am sacked... I will proudly go. The institution is strong enough to stand on its own," Njoroge had said.
But Poghisio termed his removal as irregular and re-appointed him.
Just a day before his reappointment, Njoroge had received orders from the board chairman to proceed on two weeks terminal leave but remained in office waiting further orders from Poghisio.

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