MPs okay Mutemi ouster from board

Mercy Mwai @wangumarci

A House committee has recommended the removal of Independent Electoral and Boundaries Commission (IEBC) communications manager Tabitha Mutemi as a board member of the Media Council of Kenya (MCK) for breaching various provisions of the law.

 In a report tabled in the National Assembly, ICT committee chaired by Marakwet West MP William Kisang, said there were sufficient grounds to recommend her removal.

 Kisang’s team made the recommendations after a petition was submitted to Parliament calling for her removal from office on grounds that she was ineligible to be a board member of MCK as she was an employee of IEBC, she was in breach of written laws and her failure to adhere to directions from her superiors.

Provisions of the law

 “The committee is satisfied and finds that the complaints contained in the petition disclosed grounds for the removal of a member of the board of Media Council of Kenya and recommends that the complaint be submitted to the Cabinet Secretary, Ministry of Information, Communication and Technology and Youth affairs for appropriate action in accordance with provisions of Section 14 (3) and (4) of the Media Council Act no 46 of 2013,” reads part of the recommendation.

One of the grounds for removal is her ineligibility to continue being an MCK board member by the fact that she is an employee of IEBC.

She is also accused of breaching written laws, the Constitution and government policy in her appointment.

Mutemi is also accused of gross misconduct for failure to adhere to lawful directions by her superiors and appointing authority. 

The committee made the decision following the submission from the Office of the Attorney General, IEBC and Head of Public Service Joseph Kinyua that expressed its satisfaction over her removal from office. 

“The committee having considered the complaint, is satisfied that the submission of the Attorney General, the Public Service and the Independent Electoral and Boundaries Commission discloses a ground for removal from office of Ms Tabitha Mutemi on the basis of her ineligibility for appointment as Council Member by dint of being an employee of IEBC,” reads the report in part. 

 In his submission, Kinyua opposed Ms Mutemi’s appointment as MCK board member because she is an employee of the IEBC.

 Kinyua said the commission never designated her to sit in the board as its representative it is not listed as a member adding that the Mwongozo code of governance of February 3, 2016 prohibits her to serve as independent member of MCK.

Appointment  untenable

“The appointment of Mutemi as an independent member of the board of Media Council of Kenya is untenable.

Consequently, the respective Cabinet Secretary would be expected to take the necessary action to regularise the same and secure an appropriate appointment in line with Section 7 (2) of the Media Council Act,” reads Kinyua’s letter in part.

 The AG in a letter dated March 26, 2021 said by working for IEBC and holding office as an independent member of MCK, Mutemi was holding two public offices and in that case, she is holding two public offices, which is contravention to the IEBC Act.

IEBC submitted that Mutemi’ appointment as board member of MCK is not viable while still in the employment of IEBC as pronounced by the laws.

 ICT Cabinet secretary Joe Mucheru in his letter to the committee also concurred with the others that Mutemi’s appointment is untenable and thus threw his weight behind the petition that called for her removal. 

 “Ms Mutemi’s appointment to the MCK is not supported by the law and she should be removed from the panel if she continues being an employee of IEBC,” said Mucheru.