Court Declares Kisiang’ani’s Order on Govt Ads for KBC Unlawful
The Kenyan High Court has dealt a significant blow to the government, ruling that the Ministry of ICT’s mandate to direct all public sector advertisements exclusively to the Kenya Broadcasting Corporation (KBC) is unconstitutional.
This decision stems from a directive issued by former ICT Principal Secretary Edward Kisiang’ani in March 2024. The directive compelled all government ministries and parastatals to advertise solely through KBC, a state-owned broadcaster operating under the Kenya Broadcasting Corporation Act.
Kisiang’ani justified the directive as a measure to revitalize the financially struggling KBC. However, Justice Lawrence Mugambi of the High Court, delivering a virtual ruling on March 20th, deemed the directive unconstitutional. The judge cited violations of good governance, equality, and media freedom, as enshrined in Articles 10, 27, and 34 of the Kenyan Constitution.
Justice Mugambi emphasized that restricting government advertisements to a single broadcaster constituted undue influence on the media and breached established fair procurement guidelines. He asserted, “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.”
The court found that Kisiang’ani, while acting as PS ICT, unlawfully assumed powers he did not possess. Under the Public Procurement and Asset Disposal Act, he lacked the authority to issue such a directive, rendering his year-old memo void from its inception. Justice Mugambi clarified that only the Treasury Cabinet Secretary, John Mbadi, could legally enact such a policy.
In his March 2024 circular, Kisiang’ani expressed optimism that the directive would not only revive KBC but also ensure prompt payment for advertising services, preventing debt accumulation to private media outlets.
This ruling marks another setback for Kisiang’ani, who previously faced public criticism for canceling Standard Group’s media contract with the Ministry of Irrigation due to its critical reporting.
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Court Declares Kisiang’ani’s Order on Govt Ads for KBC Unlawful
