Communications Authority Director-General Francis Wangusi now says he is ready to vacate office and hand over to a properly appointed director-general.
In an affidavit filed in a case stopping the recruitment of a new director-general, Wangusi says that he has an obligation under Article 3(1) of the Constitution not to hand the office over in circumstances that violate or threaten to violate Article 34 (5).
“I pray that soonest a new CA Board will be constituted in full and strict compliance with the letter and spirit of the Constitution to enable me to hand over in a graceful and orderly manner," says Wangusi.
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His responce in the case comes days after Employment and Labour Relations court reinstated him pending the hearing of his case.
Further, he says that he is willing and ready to continue serving as the director-general if the court orders him until a properly constituted Board is appointed.
He says that it is not tenable for him to exit now because CA's state of affairs is messy.
“CA does not have a Board of Directors to transact any business of the Board," reads the affidavit.
Wangusi argues that among the business that the suspended Board cannot transact is the appointment of an acting director-general to whom he can hand over the office to.
He has asked the court to ensure that there is a seamless and orderly transition of the top leadership at the CA in both the Board and on the office of the director-general.
Wangusi told the court that CA’s board acted illegally by purporting to send him on compulsory leave.
He said he was apprehensive that the unreasonable and illegal actions of the Board were a result of victimization on other unrelated matters, including interference of the running of the authority from the parent ministry.
Last week, activist Okiya Omtatah moved to court seeking to stop acting director-general Mercy Wanjau from assuming office.
Wanjau was appointed by the Board after the expiry of the tenure of Wangusi on August 21.
