This archive report was first published on 8 August 2019.
On August 8, 2019, the Employment and Labour Relations Court intervened in a contentious recruitment process for the Media Council of Kenya's chairperson and board members.
Justice Stephen Radido certified the case by the Consumer Federation of Kenya (Cofek) as urgent and directed lawyer Henry Kurauka to serve ICT Cabinet Secretary Joe Mucheru, the Attorney-General, and MCK with the court documents.
Cofek alleged that the ministry was conducting the second recruitment against legal provisions and without its involvement.
The ministry had declared the vacancies and called for applications to be sent by January 25, 2019, before handing over the process to the selection panel envisaged under Section 7 of the Media Council Act, 2013.
However, lawyer Kurauka noted that according to Section 15 of the law, the panel would stand dissolved upon the appointment of the chairperson and the board members.
He further argued that in the event of a botched process or any other reason, the selection panel would also stand dissolved due to strict timings, with any extension not exceeding 14 days.
The current selection panel, led by Mr Eric Oduor representing the Kenya Union of Journalists, was deemed a non-existent entity by the lawyer.
Mr Kurauka also claimed that from the re-advertisement for second interviews, some of the best candidates from the first interviews either did not reapply or were not shortlisted.
Cofek chief executive Stephen Mutoro stated that the selection panel discriminated against the organisation by not formally alerting them on the decision to re-advertise the positions and conduct a second recruitment.
"The first respondent (ICT minister) has purported to illegally conduct a second recruitment against the legal provisions and without mandatory involvement of the petitioner and public participation," Mr Mutoro said in an affidavit.
The matter will be heard on September 18.
