Court orders appointment of duo to Media Complaints Commission
Justice Bahati Mwamuye delivered the ruling following a petition filed by Musau and Minayo, who had been shortlisted and interviewed for the roles.
The High Court has ordered the Cabinet Secretary for Information, Communications, and the Digital Economy to appoint and gazette journalist Nzau Musau and lawyer Lucy Minayo as commissioners of the Media Complaints Commission within 14 days.
Justice Bahati Mwamuye delivered the ruling following a petition filed by Musau and Minayo, who had been shortlisted and interviewed for the roles but were ultimately left out of the final appointments.
In his judgment, the court ruled that their exclusion amounted to a violation of their constitutional right to fair administrative action.
Justice Mwamuye issued a permanent injunction barring the government from appointing or recognizing any other individuals for the vacant positions.
The court annulled a letter that had dismissed their nominations on the grounds of unsuitability, noting that the petitioners were denied the chance to address the allegations against them.
"The court hereby declares that excluding the petitioners from appointment, despite their proper nomination, infringed upon their constitutional rights," the judge stated.
Previously, the Ministry defended its action by pointing to negative findings in background checks as justification for the exclusion.
However, Musau and Minayo challenged this, asserting that the proper procedures were not observed.
This verdict upholds the principle of fairness in public appointments and establishes an important precedent for transparency in the selection process of regulatory authorities.
The Media Complaints Commission, responsible for handling complaints within the media sector, will now incorporate the two petitioners as members following the implementation of the court’s ruling.
Legal analysts highlight that the verdict reinforces the judiciary’s duty to protect constitutional rights against arbitrary administrative actions.
The Ministry has not yet released an official statement in response to the court’s mandate.
