8 April 2014

Kenya: COFEK Moves to Court to Challenge Appointment of Victor Kyalo

The Consumer Federation of Kenya (Cofek) has challenged the appointment of the ICT Authority CEO Victor Kyalo terming it as "uncompetitive."

In a statement on Cofek's website, the consumer watchdog states that it has taken great exception at the unconstitutional decision and process arrived at, by both the ICT Authority board of directors and ICT Cabinet Secretary, in confirming Mr Victor Kyalo as CEO without due regard for public participation, transparency and competitiveness as stated under the State Corporations Act, Cap 446, Articles 10 and 232 of the Constitution of Kenya, 2010.

Cofek had said that Justice David Majanja had earlier certified the case as urgent and would give directions on Monday, April 7 in petition No. 144 of 2014. However, the case was not heard as previously expected. It is argued that although Mr Kyalo is possibly qualified, he is a beneficiary of a tainted, skewed, mysterious and illegal process of having been hired without competition and public participation and whose primary loyalty is to the (ICT Secretary and ICT Board) and not to the people of Kenya.

In a letter addressed to the Ministry of ICT Cabinet Secretary and copied to the AG, COFEK also cautioned the Government and specifically called on the AG to guide Cabinet Secretaries bent on breaching provisions of the Constitution on the excuses of some fatally defective statutes which remain a nullity both in the letter and spirit of the law.


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