NAIROBI, Kenya – The High Court has ordered the Cabinet Secretary for Information, Communications and the Digital Economy to formally appoint and gazette journalist Nzau Musau and lawyer Lucy Minayo as members of the Media Complaints Commission within 14 days.
Justice Bahati Mwamuye, delivering the ruling on Thursday, declared that the Ministry’s failure to appoint the duo—despite being shortlisted and interviewed—was unconstitutional and amounted to a denial of fair administrative action.
In a strongly worded judgment, the court issued a permanent injunction barring the government from filling the commission’s positions with any other individuals, nullifying earlier rejection letters that had disqualified the petitioners on grounds of unsuitability.
“A declaration is hereby issued that the exclusion of the petitioners from appointment, despite being duly nominated, was a violation of their constitutional rights,” Justice Mwamuye ruled.
Musau and Minayo moved to court after being sidelined in the final appointments to the commission, despite having successfully completed all stages of the selection process.
The Ministry had defended its decision, citing adverse findings from background checks.
However, the court found that the two were never given a chance to respond to the claims—an omission the judge described as a procedural injustice.
The ruling is being seen as a win for transparency and due process in public appointments, particularly in regulatory bodies such as the Media Complaints Commission, which plays a key role in addressing grievances in the media industry.
Legal experts say the decision reinforces constitutional protections in recruitment to public office and affirms the judiciary’s oversight role in curbing arbitrary executive decisions.
Musau, a veteran journalist, and Minayo, a practicing advocate, are now set to take up their roles on the Commission once the Ministry complies with the court order.
