The High Court has ordered the reinstating of Communication Authority of Kenya (CA) Director General Francis Wangusi pending his hearing on the petition he had filed.
The court observed that the Authority’s Board was improperly constituted when it sent Wangusi on compulsory leave.
Wangusi, through his lawyer Prof Tom Ojienda, told the court that the suspension did not adhere to the Authority's human resource guidelines and that the board did not have a substantive chairman.
He also alleged victimization on other unrelated matter including interference of the running of the authority from the parent ministry.
[caption caption="File image of CA'S director general Francis Wangusi"]
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The court then ordered reconstruction of CA's board and prohibited management or employees from harassing, investigating or interdicting Wangusi until the matter is heard and determined.
According to Wangusi's lawyer, the current board does not have a chairman appointed by the President as required by law, and therefore, it is improperly constituted to make any legally binding decision.
“A conservatory order is hereby issued prohibiting and/or restraining the respondents, their representatives, employees, servants or agents or anybody working under or for them from harassing, intimidating, threatening, discussing, suspending, passing decisions and in any other way interfering with the petitioner’s employment until the hearing and determination of this application,” instructed the judge.
Wangusi was sent on a three-month compulsory leave on January 12, in order to facilitate the forthcoming audit of human resources.
[caption caption="File image of CA's director general Francis Wangusi, NMG Senior editor Linus Kaikai and IEBC CEO Ezra Chiloba"]
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Mr Ojienda further explained that the board did not reveal how Mr Wangusi would possibly 'interfere' with the human resource audit.
The matter will be heard on February 12, 2018.
