The Employment and Labour Relations Court has stopped the Media Council of Kenya and ICT Cabinet Secretary Joe Mucheru from conducting the second recruitment of the Chairperson and board members of MCK until a case filed by Cofek is heard and determined.
Cofek through lawyer Henry Kurauka faulted the exercise that started on January 25, 2019 saying that that the CS is hiding behind a non-existent Selection Panel to discriminate against Cofek contrary to Article 27(4) of the Constitution.
In the suit Cofek says there was no Public Participation
He argued by not formally alerting the consumer's rights lobby group of their decision to re-advertise and conduct a second recruitment which is a nullity considering the options under Section 7(12) of the Media Council Act, 2013 was not exhausted.
Justice Stephen Radido issued the injuction which will remain in force until September 18th 2019.
Cofek argues that the CS, and MCK have no basis in the law to purport to repeat the process – using the same people who botched it in the first place.
Cofek argues that they strongly believe the version of its’ representative, which was that the Selection Panel Chairperson appeared to be taking instructions from the CS on who should be the highly scored candidate. "
The Media Council is a parastatal established under Section 5 of the Media Council Act, 2013 which Act under Section 4(e) expressly states that “the Act shall apply to consumers of media services” and whose function stated under Section 6 includes promotion and protection of the freedom and independence of the media