The Communication Authority of Kenya has suffered a major setback after the Employment and Labour Court suspended the recruitment of a new director general that had been advertised.
Justice Maureen Onyango suspended the vacancy notice by CAK and further certified the matter as urgent.
This was after the Information Communication Technology Association of Kenya (ICTAK) moved to court to stop the recruitment of the new CEO, arguing that the process was illegal.
Last week, CAK advertised the position in the local dailies and on their website asking applicants to submit their applications by close of business on June 23.
Justice Onyango further ordered ICTAK to serve CAK with the papers within the next 14 days.
The judge ruled that the leave granted to the association would serve as a stay, pending the hearing of the case.
ICTAK argues that the recruitment notice by CAK was heavily tainted with illegality, irrationality, procedural impropriety and unreasonableness.
“The impugned recruitment notice is discriminatory, contrary to Article 27 of the Constitution and also ultra vires the powers of CAK,” they argue.
The association claims that CAK has no legal basis whatsoever to issue the recruitment notice in the manner in which it did.
“The wanton manipulation of the recruitment process by CAK poses a real risk to fair competition and merit as the basis of appointment as envisaged under Article 232 (1) (g) of the Constitution,” they argue.
ICTAK chairman Mbogo Kiura argues that CAK set the deadline for receiving the applications at June 23 when the notice was advertised on June 17.
“I verily believe that the minimum duration that a vacancy in the Public Service should be open for applications is 21 days. This requirement has been disregarded by the respondent in its re-advertisement of the impugned vacancy notice,” Mbogo said.
In their notice for the position, the applicants should possess leadership and managerial experience of at least 15 years, 10 of which should be at a senior managerial level.
“He/she must possess a postgraduate degree in a relevant discipline and be associated with a professional body. The ideal candidate should also demonstrate in-depth knowledge and experience preferably in a regulatory environment,” the ad reads
ICTAK has challenged the requirements by CAK arguing that they are extremely arbitrary, discriminatory and not provided for in law.
Edited by Henry Makori