Court Orders Return Of Naim Bilal as KBC Boss

Former Kenya Broadcasting Corporation (KBC) managing director Naim Bilal will be reinstated at the top helm of the state broadcaster.

This is after the Employment and Labour Relations Court on Monday, November 7 handed him a victory against his former employer and the Ministry of ICT over his unfair termination from the role.

The Court ordered ICT Cabinet Secretary (CS) Eliud Owalo to renew Bilal's contract as the MD of the national broadcaster immediately.

Further, the court blocked the ICT ministry, head of public service or the Attorney General from recruiting any other person as the managing director at KBC.

Reinstated KBC managing director Naim Bilal. /CAPITAL GROUP

The court ruled that former CS Joe Mucheru violated Bilal’s rights by failing to renew his contract yet he satisfactorily met all the requirements.

Justice Ocharo Kebira ruled that the ex-MD’s legitimate expectations were violated as 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,” read the order in part.

“The respondents are hereby restrained by way of a permanent injunction from recruiting any other person for the position of managing director, KBC."

In the petition, the Ministry of ICT cabinet secretary, head of public service and the Attorney General were named as respondents while KBC as an interested party.

Bilal had petitioned the court earlier this year when Mucheru refused to renew his three-year contract despite a recommendation by the KBC Board with no reason for the move given.

As a result, he lost his position after his term expired on March 19, 2022 with Editor-In-Chief Samuel Maina taking over in Bilal's capacity.

 “To ensure continuity and smooth running of the Corporation, the Board of Directors held a special board meeting on March 25 and appointed Samuel Maina to the position of acting Managing Director,” KBC Board chairperson Benjamin Maingi stated at the time.

Maina was to serve in an acting capacity until a substantive boss is recruited. 

Justice Kebira however ruled that Bilal had a legitimate expectation that his contract of employment could be renewed, a legitimate expectation the respondent violated.

Bilal, a veteran journalist, was appointed MD of the state broadcaster in 2019.

Prior to his appointment, he was the director of information at the ICT ministry and has previously worked at the Nation Media Group (NMG) as a senior editor.

He also worked as a spokesperson at the Judiciary.

Immediate former KBC managing director Samuel Maina with sports anchor Caren Kibbett after she won two awards in Zambia. /KBC DIGITAL