NAIROBI, Kenya Feb 16 – The Employment and Labour Relations Court has issued orders halting the recruitment of the Media Council of Kenya (MCK) Board.
The orders were issued Thursday in a case by a petitioner who cited what he describes as “conflict of interest” in the recruitment panel and most of the shortlisted candidates mainly from the Nation Media Group (NMG).
“That in the interim, the process of recruitment of chairperson and members of the Board of the Media Council of Kenya is hereby stayed,” the order reads in part.
“That a closer look at the selection Panel and shortlisted candidates shows that it was constituted without following due process in blatant disregard of the law and with clear intention to prevent the flow of justice,” the petitioner, Dr Magare Gikenyi argues. He is a practicing Surgeon based in Nakuru.
Respondents listed in the case are Information Cabinet Secretary Eliud Owalo, the Selection Panel chaired by Emmanuel Juma, the Media Council of Kenya, Nation Media Group and the Attorney General.
All the shortlisted candidates are listed as interested parties.
Selection panel
The petitioner argues that Emmanuel Juma who chairs the Selection Panel purports to represent the Media Owners Association (MoA) yet he is not its member and that he is a former employee of the Nation Media Group that nominated him.
He also questions the standing of columnist Macharia Gaitho in the selection panel because he represents the Kenya Editors Guild and is also a former employee of NMG.
He further questioned the appointment of Dr Jane Wambui Thuo to the recruitment panel, saying she is a full-time employee at the University of Nairobi purporting to represent all public universities yet she was not nominated by all public universities offering journalism.
On Dr Kinya Mwitha who is also on the recruitment panel, the petitioner said he was appointed by the Dean at Dastar University and not all Private Universities as required by law.
Shortlisted members
Roselyne Oballa: the petitioner says the candidate is a full-time employee of Nation Media Group and is subject to regulatory oversight by the board.
Eric Oduor: the petitioner says the candidate is a full-time employee of Nation Media Group and is subject to regulatory oversight by the board. Eric is also the Secretary General of the Kenya Union of Journalists that nominated Oscar Obonyo to be a member of the panel.
Churchil Otieno: the President of the Kenya Editors Guild (KEG) nominated his former colleague at NMG Macharia Gaitho to the selection panel.
The petitioner cited a conflict of interest because “he is appearing before his appointee and three colleagues.”
Conflict of interest
Obala and Oduor being full time employees of NMG are accredited and regulated by the board they are seeking to join or chair “critically compromising the ability of the council to regulate their work in line with MCK Act of 2013, the petitioner argues.
He also cited similar conflict on Churchil, who as the KEG president has members regulated by the board he is seeking to chair or join as a member.
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