Director General of the Communications Commission of Kenya (CCK) has been barred by the High Court from office terming his appointment irregular. Charles Njoroge has recently featured in the battle of power between the CCK Board and Minister of Information with the board insisting that he should not be re-appointed as head of the regulatory authority while the minister went against the board’s advice and recommendations and re-appointed Mr Njoroge.
Some have termed the fights as a sign of what is happening in the sector with Njoroge’s supporters saying that he managed to reign in on errant operators who are so bent on seeing him go while his opposers thinks that he is not the right man for the job since he failed on major aspects as a manager.
Judge David Maraga of High Court in Nairobi has ruled that the CCK Board and the Minister for Information and Communication Samuel Poghisio should appoint a DG in an acting capacity until the court case is heard and determined.
The Consumer Federation of Kenya (Cofek) through its lawyer Henry Kurauka had gone to court wanting Engineer Njoroge’s appointment nullified claiming that the Information Minister ignored the CCK Board’s stand and renewed his contract for three years effective from July 7, through a gazette notice published on July 29.
On 12th July, Members of the Parliamentary Committee on telecommunications chaired by Karachuonyo MP James Rege met with thee CCK Board and resolved that Engineer Njoroge should resume office with the MP saying that there was no dispute. I have spoken to a senior member of CCK board who says that “Njoroge does not qualify to head CCK since he performed way below average during the board’s appraisal.”
In the court papers filed by Cofek, the federation said that the Minister acted wrongfully by: “Ignoring the decision and advice of the Board of the Communications Commission of Kenya (CCK) vide its letter of 9th March 2011 advising against renewal of contract/re-appointment of Eng Charles J.K Njoroge as the Director General.”
More on the DG’s Debacle
- CCK Director General’s Case Taken to Supreme Court
- Court Stops the Re-appointment of CCK’s Charles Njoroge
It went further “It is noteworthy that the advice from CCK Board had been accompanied by clear criteria of evaluation and the fact that in the considered view of the CCK Board; the said Director General had performed below threshold – for scoring 60 percent.”
When the Minister pushed his re-appointment despite the board being against it, Eng. Njoroge said that he was in the office legally since the appointing authority had not advice him otherwise. Cofek has also termed the minister’s actions unconstitutional and unilateral.
The lawyer argued that the minister went against a circular issued on November 23, 2010 by Head of the Public Service Francis Muthaura to all Cabinet Ministers, Assistant Ministers, Permanent Secretaries, the Attorney General the Controller and Auditor General and which was copied to Prof Nick Wanjohi, Private Secretary to President Kibaki.
Among the guidelines contained in circular are;
(a)The CEO of a State Corporation wishing to be reappointed will indicate interest by writing to the Board at least six months before expiry of his/her term.
(b) The Board will evaluate the performance of the CEO and make a report to the appointing authority with a recommendation on either renewal or termination of the contract upon expiry
(c) In the event the Board does not recommend renewal of the contract, the CEO will proceed on terminal leave to pave way for the recruitment and appointment of a new CEO. This is important to ensure a smooth transition.
(d) The Board will recruit an acting CEO, in consultation with the parent Ministry and the State Corporations Advisory Committee (SCAC) as provided for by Section 27(1) (c) of Cap. 446 in a caretaker position when the process of recruiting a new CEO is ongoing.
The board where even the Ministry is represented is said to have been unanimous in demanding that Eng. not be re-appointed. But the Minister went ahead and re-appointed Eng. Njoroge ignoring even the Chairman’s letter dated 10th March which was sent to him.