The High Court of Kenya has revoked the appointment of six board members of the country’s ICT Authority, in a ruling that termed the appointments as illegal and unprocedural.
HumanIPO reported in February the court case was filed by the ICT Association of Kenya (ICTAK) through its secretary general Kamotho Njenga, who faulted Ministry of ICT cabinet secretary Dr Fred Matiangi for appointing Timothy Waema, Esther Kibere, Joseph Dena, Elijah Omwenga, David Mugo and Ugas Sheikh Mohamed to the ICT body.
In his ruling, High Court Judge George Odunga said: “To exclude the public from the exercise of statutory powers constitutes improper exercise of powers since it amounts to failure to consider a relevant factor in this case public participation and transparency.”
He additionally declared all business, contracts, agreements, appointments and instruments executed by the illegal board or its agents null and void. All expenditure, per diem, allowances of any kind whatsoever incurred by the quashed board are immediately recoverable.
The court also found Dr Matiangi at fault for improper exercise of power, abuse of office, lack of accountability to the public and express breach of legislative and constitutional provisions.
ICTAK now wants Matiangi to apologise to President Uhuru Kenyatta for deliberately disregarding clear directives to desist from making further irresponsible and misleading statements on the High Court judgment and the quashed appointments in particular, and undertake to personally shoulder the costs of the case.
It also said he should quickly vacate office to spare the Kenyan ICT sector from further descent and embarrassment.
Reacting to the decision via his Twitter handle, Matiangi said: “We will immediately appeal High Court decision on ICTA Board. The ICTA statute does not require public participation.”
“Vexatious litigation, selfish private pursuits disguised as public interests remain some of the frustrating challenges in the ICT sector,” he added in the next Tweet.
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