Court deems PS Kisiang'ani's exclusive KBC Ad policy unconstitutional

The High Court has ruled against a decision of ICT Principal Secretary Edward Kisiang'ani, declaring it unconstitutional to award exclusive government advertising rights to state media, Kenya Broadcasting Corporation (KBC).

The ruling follows controversy over a directive that had canceled an offer for Standard Media Group to handle a media campaign for the National Irrigation Sector Investment Plan (NISIP).

Justice Lawrence Mugambi, in his judgment on Thursday, annulled the controversial memo issued by the PS in March of the previous year.

The memo had granted KBC sole control over government advertisements, effectively positioning it as the only broadcaster for state-sponsored information.

Justice Mugambi stated that this move was a violation of constitutional principles enshrined in Articles 10 and 27, which advocate for good governance, equality, and non-discrimination.

He further emphasized that the directive undermined the rights of other media outlets.

"The PS unlawfully appropriated himself inexistent powers. He did not have the powers to issue such a memo, rendering his actions null and void," the judge said in his ruling.

The memo mandated that all ministries, state agencies, independent commissions, and public universities should only use KBC for airing their advertisements.

Justice Mugambi pointed out that the decision was harmful to media freedom and circumvented the necessary procurement process, effectively excluding private media outlets.

"The exclusion of private media and the indirect control by the government over advertising practices cannot be justified under the constitution. It is harmful and violates Article 34, which protects media freedom,” he added.

The case, which was filed by the Law Society of Kenya (LSK), Kenya Editors Guild (KEG), and the Kenya Union of Journalists (KUJ), sought to have the directive quashed, with the petitioners arguing that it was unlawful and discriminatory.