CS Echesa sued for reappointing Bishop Kosgei as KFCB chair


CS Echesa sued for reappointing Bishop Kosgei as KFCB chair
Sports and Heritage CS Rashid Echesa and KFCB Chairperson Bishop Jackson Kosgei. PHOTOS/COURTESY

In Summary

  • Anthony Otiende says that Echesa has no powers to appoint the Board chairman, therefore wants the court to quash the decision by the CS to appoint Bishop Jackson Kosgei as the chairman of the Board.
  • According to the petitioner, any board chairman vacancy should be notified to the public and that the public must be given an opportunity to apply.
  • Otiende claims that the re-appointment of Kosgei was marred by procedural impropriety, illegality and non-compliance with the law and should therefore be declared null and void.

A Kenyan man has sued Sports and Heritage Cabinet Secretary Rashid Echesa over a recent appointment at the Kenya Film Classification Board (KFCB).

This follows Echesa’s recent decision to reappoint Bishop Jackson Kosgei as KFCB chairperson. Anthony Otiende now says the CS has no powers to appoint a Chairperson to the board and wants the court to quash the decision.

The petitioner has named Attorney General Paul Kihara Kariuki and CS Achesa as respondents in the case while Bishop Kosgei is named as an interested party.

According to Otiende, the reappointment of the bishop as the chairperson of the board was made contrary to the critical values and principles that govern and regulate the appointment to public office, thereby making it illegal.

Otiende further argues that Kosgei’s reappointment was done by a stranger to the law and a non-appointment authority.

“In filling the vacancy of the chairperson of the board, Echesa subjected with impunity the national values and principles of governance,” says Otiende.

According to the petitioner, any board chairperson vacancy should be notified to the public and that the public must be given an opportunity to apply.

“The values and principles of public service compromise fair competition and merit, representation of Kenya’s diverse communities, affording adequate and equal opportunities to men and women, the members of all ethnic groups and persons with disabilities as factors which must be considered in promotions and appointments,” read court documents.

“The re-appointment of Kosgei was made contrary to the relevant values and principles of governance.”

Among the orders Otiende wants is quashing of the gazette notice dated April 19, 2018, and published on July 20 appointing Kosgei as the chaiperson of KFCB.

Similarly, Otiende wants the court to issue orders stopping the government from appointing Kosgei to the board until the matter is heard and determined.

“The KFCB Board does not belong in the category of institutions within the Ministry of Sports and Heritage upon which Echesa can exercise powers of appointment,” adds the court papers.

The petitioner also claims that the re-appointment of Kosgei was marred by “procedural impropriety, illegality and non-compliance with the law” and should therefore be declared null and void.

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Story By Dzuya Walter
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