The Consumers Federation of Kenya (Cofek) is deeply concerned at the credible reports that a member of the Communications Authority of Kenya (CAK) has been employed as a personal assistant of the Cabinet Secretary for Labour Mr Ukur Yattani.
As a paid personal assistant to a state officer, the said CA board member is a public officer in sharp conflict of interest by receiving parallel proceeds of public funds both as a director of CA and as an aide of the said Cabinet Secretary.
Informed sources add that the said member has a consultancy firm, which could be conducting business with either the national and or local government. On this, we urge the Director of Public Prosecutions to order police to investigate
Provisions of Article 34(5) of the Constitution state the CA shall be independent of control by government, political interests or commercial interests.
The said member of the board has, knowingly therefore, failed be guided by the national values and principles of governance in Article 10 and the values and principles of public service in Article 232(1) of the Constitution.
It is equally unclear whether the said director has formally disclosed the engagement at the Ministry of Labour to his board for purposes of accountability and transparency among other national values
By dint of Section 6B (9) of the Kenya Information and Communications Act, 1998 the said director and his colleagues were appointed to assure such impartiality by avoiding situations that would compromise their impartiality as regulators.
It is in view of this that Cofek calls for;
- Immediate resignation of the said CA director
- EACC to investigate, surcharge and or recommend the said CA director for unethical conduct
- The Cabinet Secretary for ICT is requested to note that the said member has violated Section 6D(1)(c)(i) of the Kenya Information and Communications Act and that he should accordingly notify the President so that a Tribunal for his removal is initiated should he be unwilling to voluntarily resign
We have notified the said member of the same. In his right of reply, he agreed to taking up a job as "a technical adviser" to the Minister with effect from September 1, 2018 and that the "appointment is tied to the duration of the Cabinet Secretary term at the Ministry".
He, however, denied doing business with government. He further requested for a meeting, next week, to clarify further as he is travelling.