Consumers have moved to court to challenge the appointment of Charles Kamau Karondo as the non-executive chairperson of the Board of Directors of the Communication Authority of Kenya (CAK). The petition seeks to suspend the appointment, arguing that it was made in violation of the law and constitutional provisions.
The case, filed at the Milimani Constitutional and Human Rights Division, claims that the President failed to convene the mandatory selection panel as required under section 6B of the Kenya Information and Communication Act before making the appointment on August 8, 2025. According to the petition, bypassing this process undermines the independence of the CAK Board and creates the perception that the institution is beholden to the executive rather than functioning as a regulator with autonomy.
The petitioners argue that the Communications Authority, being a critical regulator of the media, telecommunications, and consumer protection space, must be independent to guarantee accountability and safeguard constitutional freedoms. They further claim that the process was unconstitutional because it lacked public participation, a core requirement under the Constitution that ensures inclusivity and transparency in governance.
The application also notes that the continued operations of the reconstituted Board infringe on consumer rights under Article 46 of the Constitution. This, they say, erodes public trust and undermines the principles of good governance, integrity, and accountability as enshrined in Articles 73 and 232. By allowing the appointment to stand, the petitioners warn that the credibility of CAK as an independent regulator is at risk.
As part of the reliefs sought, the petitioners want the High Court to issue conservatory orders suspending Gazette Notice No. 14893/2022 dated August 8, 2025, which announced Kamau’s appointment. They also want the court to restrain the National Assembly, the Ministry of Information, Communication and the Digital Economy, and the Attorney General from making any further appointments to the CAK Board unless they strictly comply with section 6B of the Act and Article 34(5) of the Constitution.
Kamau’s appointment came after the President revoked the appointment of businesswoman Mary Wambui Mungai, who had been serving as the board chair since December 2022. The petitioners argue that the revocation and subsequent appointment highlight governance gaps that must be addressed to restore public confidence in the authority.
The matter now awaits the court’s determination on whether to suspend the appointment pending the full hearing of the petition.
