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Activist files case challenging Mary Wambui’s appointment as Communications boss

The Employment, Labour and Relations Court has certified as urgent a case challenging the appointment of businesswoman Mary Wambui as the Communications Authority of Kenya (CAK) chairperson.

Justice Mathews Nderi further ruled that the case filed by activist Evans Momanyi be certified as urgent. He however declined to grant another request that barred the businesswoman from assuming office.

The directives were issued after the activists sought to overturn President William Ruto’s appointment on the grounds that the businesswoman is incompetent.

The petitioner is challenging Wambui’s competency on grounds that she has not met all mandatory requirements of the Kenya Information and Communication Act Number 2 of 1998 as any person appointed to that office must be a degree holder.

He also claims Wambui has failed the integrity test on the basis of a Sh 2.2 billion tax evasion against her that is pending in the Anti-corruption court.

The activist says the Head of State’s decision to appoint the business lady was irregular, illegal, and outright abuse of the law.

“The purported appointment not only lacks proper legal backing but is also an abuse of the law and the specific procedures as provided for by the Kenya Information and Communication Act,” Momanyi says.

He further wants the court to allow him to institute judicial review proceedings in the matter.

Wambui was on December 1, 2022, appointed by President Ruto to serve in the position for a period of three years. This followed the abrupt resignation of Gilbert Kibe resigned.

Notably, Kibe was appointed by former President Uhuru Kenyatta in May 2022.

Before his appointment, he served as the Director General of the Kenya Civil Aviation Authority, (KCAA) among other roles.

As the chairperson, Wambui is expected to oversee the operations at the Communications Authority including licensing systems and services in the communication industry, facilitating the development and management of a national cyber security framework as well as facilitating the development of e-commerce.

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