The High Court has ordered the Cabinet Secretary for Information, Communications, and the Digital Economy to appoint and officially gazette lawyer Lucy Minayo and journalist Nzau Musau as members of the Media Complaints Commission within 14 days.
The directive was issued by Justice Bahati Mwamuye, who also nullified a letter from the Ministry of ICT dated July 8, 2024, which had rejected the two nominees.
“An order of certiorari is hereby issued quashing the letter dated July 8, 2024, which purported to reject their nominations,” ruled Justice Mwamuye.
The court found that both Minayo and Musau had been lawfully shortlisted, interviewed, and nominated by the selection panel. Their exclusion from the final appointments, the judge ruled, was unconstitutional and amounted to a violation of their right to fair administrative action as outlined in Article 47 of the Constitution.
“A declaration is hereby issued that the exclusion of the petitioners from appointment, despite being duly nominated, was a violation of their constitutional rights,” the judge stated.
Justice Mwamuye further held that the government’s decision undermined the independence of the media, as guaranteed under Article 34(5) of the Constitution.
He added that the actions were contrary to national values and principles of governance, including the rule of law, transparency, and accountability.
In a further order, the court issued a mandatory injunction barring the government from appointing or recognizing any other individuals in the positions already reserved for Minayo and Musau.
The ruling follows a legal challenge filed by the two, who had been shortlisted and interviewed for the roles but were later excluded from the appointments.
The Ministry of ICT had claimed that adverse background checks led to their disqualification. However, the petitioners argued they were never given a chance to respond to the allegations.
