The High Court in Nairobi has called out Principal Secretary, State Department for Broadcasting and Telecommunications Edward Kisiang’ani for limiting private media players from accessing government advertisements.
Justice Lawrence Mugambi said that Kisiang’ani has no authority to order or direct other public officers and entities where to place their advertisements.
At the same time, the judge was of the view that the PS’s move was meant to censure independent media by starving them of money.
According to the Judge, Kisiang’ani misconceived the public procurement law and usurped the powers of the Treasury Cabinet Secretary to formulate policies and issue guidelines to government entities on the purchase of goods and services.
“The second respondent unlawfully appropriated unto himself non-existent powers. Under the Public Procurement and Asset Disposal Act, the second respondent has no capacity to exercise such powers rendering his memo void ab inito,” said Justice Mugambi.
Lawyers and journalists dragged Kisiang’ani to court for monopolising government advertisements.
The Law Society of Kenya (LSK), Kenya Editors Guild (KEG) and Kenya Union of Journalists (KUJ) in their case asked the High Court to quash the PS’s decision.
The PS directed that all government advertising on television be exclusively done by Kenya Broadcasting Commission (KBC). However, LSK, KEG and KUJ argue dthat the directive is wrong and flouted the law on government’s information.
