Court orders ICT CS to appoint Nzau Musau, Lucy Minayo to Media Complaints Commission within 14 days
High Court Judge Bahati Mwamuye on Thursday found that their omission violated their constitutional right to fair administrative action.
The Cabinet Secretary for Information, Communications, and the Digital Economy, William Kabogo, has been directed by the court to formally appoint and gazette journalist Nzau Musau and lawyer Lucy Minayo as members of the Media Complaints Commission within 14 days.
High Court Judge Bahati Mwamuye on Thursday found that their omission violated their constitutional right to fair administrative action.
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Nzau and Minayo moved to court after their appointments were stopped after being shortlisted and interviewed for the commission.
Justice Mwamuye further issued a permanent injunction barring the government from appointing or recognising any other individuals for the vacant positions.
"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 ruled.
The court also nullified a letter that had rejected their nominations on the grounds of unsuitability, stating that the petitioners were not given an opportunity to respond to the allegations against them.
Mwamuye said the actions were also contrary to the national values and principles of governance, including the rule of law, transparency, and accountability.
The Ministry had defended its decision, citing adverse findings in background checks as the basis for their exclusion. However, Musau and Minayo contested the claim, arguing that due process was not followed.
The Media Complaints Commission, tasked with addressing grievances in the media sector, will now include the two petitioners as members once the court order is executed.
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