Court orders State to Gazette Musau, Minayo as media complaints commissioners

Justice Bahati Mwamuye issued the ruling in response to a lawsuit filed by Nzau Musau and Lucy Minayo after they were shortlisted and interviewed for the commission but were not appointed.

The court found that their omission violated their constitutional right to fair administrative action.

In a decisive judgment, Justice Mwamuye issued a permanent injunction barring the government from appointing or recognizing any other individuals for the vacant positions. 

The court also nullified a letter that had rejected their nominations on grounds of unsuitability, stating that the petitioners were not given an opportunity to respond to the allegations 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 judge ruled.

The Ministry had earlier 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 ruling reinforces the principle of fairness in public appointments and sets a precedent for transparency in the selection of regulatory bodies.

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.

Legal experts say the judgment underscores the judiciary’s role in upholding constitutional safeguards against arbitrary administrative decisions. The Ministry has yet to issue a formal response to the court’s directive.