Judgement is a Stinging Rebuke of Ex PS Kisiangani’s administrative Overeach

By Anchor Writer

Nairobi

In a landmark ruling that underscores the sanctity of due process and the independence of public institutions, the High Court has ordered the immediate appointment and gazettement of two individuals whose nominations to the Media Complaints Commission were unlawfully blocked by the Ministry of ICT.

Justice Bahati Mwamuye held that  former Principal Secretary for ICT, Prof. Edward Kisiangani acted outside the law by rejecting the nominees Ms. Lucy Minayo Lugalia and Mr. Antony Nzau Musau without providing lawful reasons or following proper procedure.

The Court declared his actions unconstitutional, illegal, null, and void.
The case arose after the Selection Panel – mandated by law to vet and nominate members to the Media Complaints Commission – forwarded the names of six qualified individuals, including Ms. Lugalia and Mr. Musau, to the Cabinet Secretary.

However, in a letter dated 8th July 2024, the PS communicated that the two were unsuitable for appointment without disclosing any specific grounds. This sparked public concern and led the excluded nominees to file a constitutional petition.
The Court found that Prof. Kisiangani acted ultra vires – beyond the powers conferred to him – by introducing an unauthorized vetting process and assuming appellate powers over the Selection Panel. “The 1st Respondent had no authority to re-evaluate or veto the Panel’s decision without clear, objective, and communicated grounds,” ruled Justice Mwamuye.

According to the Court, the Ministry’s conduct violated Article 47 of the Constitution, which guarantees the right to fair administrative action, and Article 34(5), which safeguards the independence of media regulation from executive interference.

Much worse, the Media Council Act does not confer such powers to the PS, raising doubt as to whether the minister for ICT was privy to the quashed communication from Kisiangani.
In a strongly worded judgment, the Court noted that the PS’s letter amounted to an abuse of power, undermined the Selection Panel’s functional independence, and left the public without a fully constituted Commission.

The attempt to reject the two nominees without explanation amounted to a denial of justice and was done “in excess of jurisdiction.”
Significantly, the Court also addressed the broader implications of the Ministry’s actions, stating that any attempt to fill the two disputed positions with alternative candidates would be unlawful and open to nullification.
To remedy the breach, the Court issued several orders:
An order of certiorari quashing the PS’s letter of July 8, 2024 , purported to reject the nominees.
An order of mandamus compelling the Cabinet Secretary to gazette Ms. Lugalia and Mr. Musau within 14 days of the ruling.
A permanent injunction prohibiting the appointment or swearing-in of any other individuals to the two contested seats.
A declaration that the actions of the PS and his Ministry violated the Petitioners’ constitutional rights.
Costs of the suit awarded to the Petitioners, to be borne by the 1st, 2nd, and 4th Respondents.
Importantly, the Court did not disturb the appointment of the four other members and the Chairperson of the Commission, who were lawfully selected through the same process and gazetted on 12th July 2024.
Justice Mwamuye’s ruling marks a critical reaffirmation of the constitutional safeguards designed to protect independent institutions from political overreach.

Observers say the judgment could set a precedent in curbing executive interference in quasi-judicial appointments.
In the wake of the ruling, pressure is mounting on the Ministry of ICT to comply promptly and avoid further litigation or contempt proceedings.

Media stakeholders, who had earlier protested the unexplained exclusion of the two nominees, have welcomed the judgment as a victory for transparency, fairness, and media independence.
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