The High Court has directed the Cabinet Secretary for Information, Communications, and the Digital Economy to appoint and gazette Lawyer Lucy Minayo and Journalist Nzau Musau as members of the Media Complaints Commission within 14 days.

Justice Bahati Mwamuye issued the order after quashing a letter from the Ministry of ICT dated July 8, 2024, which had rejected the duo’s nominations.

“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 Minayo and Musau had been duly shortlisted, interviewed, and nominated by the selection panel. 

Justice Mwamuye declared that their exclusion from appointment was unconstitutional and a violation of their right to fair administrative action under 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.

In his judgment, Justice Mwamuye further held that the government’s actions undermined the independence of the media, as guaranteed under Article 34(5) of the Constitution.

 He said the actions were also contrary to the national values and principles of governance, including the rule of law, transparency, and accountability.

“A mandatory injunction is hereby issued prohibiting the appointment or recognition of any other individuals to the positions already reserved for the petitioners,” Justice Mwamuye directed.

The judgment comes after the two moved to court after being interviewed and shortlisted for the commission roles but were ultimately excluded from the final appointments.

The Ministry had cited adverse background checks as the reason for their omission, a claim the petitioners contested, arguing they were not given an opportunity to respond to these allegations.