This archive report was first published on 20 August 2019.
On August 5, 2019, ICT Cabinet Secretary Joe Mucheru appeared before the Senate ICT Committee to discuss the Data Protection Bill 2018. However, his actions in the following days would be called into question by the High Court.
Justice Maureen Onyango issued a temporary injunction suspending a gazette notice that appointed Mahmoud Mohamed Noor, Paul Muraguri Mureithi, Jackson Kiprotich Kemboi, and Laura Chite to the Communication Authority board. The judge ruled that the appointments were made irregularly, as there was no evidence of public advertisements for the vacancy, interviews conducted, or public participation as required by law.
Activist Okiya Omtatah had filed a case against the appointments, arguing that they were done unilaterally by Mucheru without following the proper procedure. The judge noted that the law requires independent directors to be picked through competitive recruitment.
Justice Onyango also observed that the ICT ministry had defied another court order on the reconstitution of the board issued by Justice Bryan Ongaya. The judge stated, “This court cannot aid the furtherance of a constitutional breach,” in granting the orders.
Mr. Omtatah had moved to court on July 22, just four days after Mucheru made the appointments. The High Court's decision has suspended the gazette notice and prohibited the respondents or their agents from giving effect to it until the case is heard and determined.
