The ministry stood by the advert even as the Consumers Federation of Kenya (COFEK) promised to proceed with a case it has filed challenging the constitution of members of the board at the communications regulator.
According to the lobby group Ndemo had acted in bad faith after he advertised for individuals deemed eligible to apply for a seat on the CCK board, ignoring COFEK.
“The advert is, in our view, a nullity and doesn't constitute the expectations of the case in Court. COFEK will, therefore, proceed with the case to full determination,” COFEK secretary general Stephen Mutoro said.
COFEK advised members of the public to ignore the advertisement, calling it a “manifestation of impunity and arrogance against consumer rights”.
It said the appointment and recruitment process remains purely a function of the minister and not of the permanent secretary.
CCK responded to a story by HumanIPO, saying Ndemo was right to post the advertisemengt given minister Samuel Poghisio was by law the appointing authority.
On Twitter, the regulator said: “@humanipo correction, advert was put out by Ministry for information and communications. Minister is the appointing authority.”
Presiding Judge David Majanja on January 28 allowed the two parties to come to an agreement before the case is resumed on March 14, while at the same time urging the minister to reconstitute the CCK board.