Ex-Kenya Broadcasting Corporation (KBC) Managing Director Dr Naim Bilal has won a case against his former employer and the Ministry of ICT over unfair job loss.
The Employment and Labour Relations Court has ordered new ICT Cabinet Secretary Eliud Owalo to renew Dr Bilal’s contract as the MD of the State broadcaster with immediate effect.
Further, the court permanently restrained the ICT ministry, head of public service or the Attorney General from recruiting any other person into the managing director position at KBC.
The court ruled that former CS Joe Mucheru violated Dr Bilal’s rights by failing to renew his contract yet he had met all the requirements and satisfied the board.
The judge ruled that the ex-MD’s legitimate expectations were violated because there was no reason backed by law that was provided at the time when he was asked to leave at the end of his first three-year contract.
“An order of mandamus is hereby issued against the first respondent directing them to reappoint the petitioner pursuant to the recommendation of the interested party’s Board, and have the same gazetted as required by law,” reads in part the order by Justice Ocharo Kebira.
“The respondents are hereby restrained by way of a permanent injunction from recruiting any other person for the position of managing director, KBC,” adds the order.
In the petition, the Ministry of ICT cabinet secretary, head of public service and the Attorney General are listed as respondents while KBC as interested party.
Dr Bilal had petitioned the court early this year when Mr Mucheru declined to renew his three-year contract despite a recommendation by the KBC Board with no reason provided for the move.
Consequently, he lost his position after his term expired on March 19, 2022 with Editor-In-Chief Samuel Maina taking over as acting MD of the state broadcaster.
“To ensure continuity and smooth running of the Corporation, the Board of Directors held a special board meeting on March 25 and appointed Mr Samuel Maina to the position of acting Managing Director,” KBC Board chairperson Benjamin Maingi stated.
In the ruling, Justice Kebira said Dr Bilal had a legitimate expectation that his contract of employment could be renewed, a legitimate expectation the respondent violated.
The court said the respondents violated the petitioner’s rights under Articles 41 and 47 of the Constitution.
Dr Bilal, a veteran journalist, was appointed MD in 2019.
Prior to his appointment, Dr Bilal was the director of information at the ICT ministry and has previously worked at the Nation Media Group as a senior editor.
