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The letter was copied to ICT Cabinet Secretary Joe Mucheru, Attorney General Paul Kihara and secretary to State Corporations Advisory Committee Wanjiku Wakogi.
Kinyua argued that Mutemi is indicated as being an employee of the IEBC and as such, in the service of the national government.
He explained that IEBC is not specifically listed as a member of the board of MCK and Mutemi is not designated as representative thereof.
“Consequently, and under the Mwongozo Code of Governance, and Circular No. OP/CAB.9/1A of the 3 February 2016, Mutemi would be ineligible to serve as an independent member of the MCK,” he said in the 23 March 2021 letter.
The ministry of ICT, Innovation and Youth Affairs, in a letter to the deputy clerk of the National Assembly Jeremiah Ndombi, said Mutemi’s appointment to MCK is not supported by law and she should be removed from the board if she continues to be an employee of the IEBC.
Mucheru said no advisory opinion of the ministry was sought touching on the selection of Mutemi.
The CS said he did not convene a meeting with the selection panel before the submission of the report of the shortlisted candidates.
“The Media Council Act Section 7 provides that the selection panel shall determine its own procedure. Further, after carrying out the interviews, the selection panel shall select one person qualified to be appointed as the chairperson and seven-persons qualified to be members of the council and forward the names to the Cabinet Secretary,” he said.
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