The High Court has ordered the Cabinet Secretary for Information, Communications, and the Digital Economy to officially appoint and gazette journalist Nzau Musau and lawyer Lucy Minayo as commissioners of the Media Complaints Commission within 14 days.
Justice Bahati Mwamuye issued the directive following a legal challenge filed by Musau and Minayo. The two were shortlisted and interviewed for the commission but were later excluded from the final appointments without explanation. In a landmark ruling, the court found that the omission violated their constitutional right to fair administrative action.
The judgment also included a permanent injunction preventing the government from appointing or recognizing any other individuals to the contested positions. Additionally, the court nullified a letter from the Ministry that rejected the petitioners’ nominations, citing alleged unsuitability. Justice Mwamuye noted that the petitioners were not afforded an opportunity to respond to the adverse claims made against them.
“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 ruling stated.
The Ministry had defended its actions by referencing negative findings from background checks as the reason for the disqualification. However, Musau and Minayo maintained that due process was not followed and that they were unfairly sidelined without a chance to defend their suitability.
Legal analysts have praised the court’s decision, saying it reaffirms the importance of fairness and transparency in public appointments. The ruling emphasizes the need for government agencies to adhere to constitutional principles when making administrative decisions.
The Media Complaints Commission is tasked with handling grievances and upholding ethical standards within Kenya’s media sector. The inclusion of Musau and Minayo is expected to bring experienced and credible leadership to the body once the court’s directive is executed.
As of now, the Ministry of Information, Communications, and the Digital Economy has yet to issue an official response to the court’s directive.
