Double Tragedy To Ruto’s PS As High Court Rejects All His Proposals Moments After Being Sacked

The High Court has delivered a blow to the government after ruling that the Ministry of ICT’s decision to channel all public-sector advertisements exclusively through the Kenya Broadcasting Corporation (KBC) is unconstitutional.

This follows a directive issued by outgoing ICT Principal Secretary Edward Kisiang’ani in March 2024 that restricted government ministries and parastatals to advertising exclusively with KBC.

KBC is a state-owned public broadcaster. It operates under the Kenya Broadcasting Corporation Act, which defines its role as the national broadcaster responsible for delivering news, educational content, and entertainment across Kenya.

While giving the directive, Kisiang’ani argued that the move was aimed at reviving the financially struggling KBC. 

In a ruling delivered virtually on Thursday, March 20, Justice Lawrence Mugambi of the High Court declared the directive unconstitutional, stating that it violated principles of good governance, equality, and media freedom as outlined in Articles 10, 27, and 34 of the Constitution.

According to Justice Mugambi, limiting government advertisements to one broadcaster imposed indirect influence over the media and breached established fair procurement guidelines.

“For the State to make such a fundamental policy shift affecting the procurement of advertising services that exclude privately-owned enterprises is not a mere internal matter to be effected without the involvement of the public, whose concerns must be heard and taken into account before the policy is made,” Judge Mugambi stated.

The judge found that while serving in his capacity as PS ICT, Kisiang’ani unlawfully appropriated to himself non-existent powers.

According to the court, under the Public Procurement and Asset Disposal Act, Kisiangani, who was the second respondent in the petition could not exercise such powers, thus rendering his memo issued a year ago void ab initio (void from the beginning).

Mugambi revealed that the directive that had been given by the then PS could only be legally made by the Treasury Cabinet Secretary, John Mbadi. 

In a circular to all ministries in March 2024, Prof Kisiang’ani expressed optimism that the directive would not only revive KBC but also ensure timely payment for advertising services, thereby preventing the accumulation of debts to private media houses. 

This is another blow to Kisiang’ani after Kenyans criticized him for canceling Standard Group’s media contract with the Ministry of Irrigation due to its bold coverage.

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