NAIROBI, Kenya Feb 17 – The Attorney General has weighed on the raging debate on the composition of the Media Council of Kenya Board (MCK), warning that media employees, public servants and media association staff can’t serve.
In a seven-page advisory, AG Justin Muturi said the independence of the MCK will be compromised if any of the above officials are appointed to the board whose recruitment kicked off last week.
“That having an interest in a media house for whatever reason which might cause a potential conflict of interest situation in the functioning of the Media Council precludes a person from being the Chairperson or Member of the Council,” the AG wrote Wednesday, a day before a petitioner obtained a court order halting the ongoing recruitment until his case at the Employment and Labour Relations Court is heard and determined.
The petitioner cited what he describes as a “conflict of interest” in the recruitment panel and most of the shortlisted candidates mainly from the Nation Media Group (NMG).
In the AG’s advisory addressed to Information CS Eliud Owalo, he urged the selection panel chaired by Emmanuel Juma to “make an independent assessment of the objectivity and impartiality of all persons seeking to be either chairperson or member of the council and where an interest is demonstrated which amounts to a conflict of interest situation in the functioning of the council then the person is not eligible to be considered for membership in the council unless the person ceases to hold such an interest.” He said public servants are also barred.
And in the court order that halted the recruitment process, Dr. Magare Gikenyi who is a practicing Surgeon based in Nakuru argued 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.”
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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