Nairobi, Kenya — The High Court has paved the way for Agnes Kalekye, Chairperson of the Media Owners Association of Kenya, to formally take on the role of Managing Director at the Kenya Broadcasting Corporation (KBC), following the dismissal of legal challenges against her appointment.
Kalekye’s appointment, made by former ICT Cabinet Secretary Eliud Owalo in May, had been delayed due to a lawsuit challenging her eligibility.
Previously serving as the Chief Operating Officer at Radio Africa Group, Kalekye’s background in media leadership brings industry insight to KBC’s helm.
Six petitioners, led by activist Magare Gikenyi, initially sought a conservatory order from the Nakuru High Court to suspend her appointment.
The petitioners contended that Kalekye’s appointment should be halted until the legitimacy of her selection process could be scrutinized.
On June 20, the court upheld the conservatory orders, temporarily blocking her from assuming office.
In response, Kalekye and her co-respondents—including Athi Water Works Development, Kenya National Shipping Lines Ltd., Moi Teaching and Referral Hospital’s CEO, and Engineer Joseph Mungai Kamau—challenged the court’s jurisdiction and sought a reversal of the conservatory orders. However, this application was also dismissed.
Undeterred, Kalekye’s legal team escalated the matter to the Court of Appeal, arguing that the case raised critical questions about judicial jurisdiction that merited higher judicial review.
They maintained that her appointment’s legality could only be examined appropriately in the intended appeal.
After reviewing the application, Justices Mohamed Warsame, Mwaniki Gachoka, and Weldon Korir concluded that Kalekye’s appeal raised substantial issues warranting judicial consideration.
They ruled in favor of staying the conservatory orders and any proceedings linked to Nakuru High Court Constitutional Petition No. E011 of 2024 until the appeal could be heard.
“Applications E067 of 2024 and E068 of 2024 are hereby allowed to the extent that an order is issued staying the conservatory orders and further proceedings,” the three-judge bench stated.
Kalekye’s appointment, made by former ICT Cabinet Secretary Eliud Owalo in May, had been delayed due to a lawsuit challenging her eligibility.
Previously serving as the Chief Operating Officer at Radio Africa Group, Kalekye’s background in media leadership brings industry insight to KBC’s helm.
Six petitioners, led by activist Magare Gikenyi, initially sought a conservatory order from the Nakuru High Court to suspend her appointment.
The petitioners contended that Kalekye’s appointment should be halted until the legitimacy of her selection process could be scrutinized.
On June 20, the court upheld the conservatory orders, temporarily blocking her from assuming office.
In response, Kalekye and her co-respondents—including Athi Water Works Development, Kenya National Shipping Lines Ltd., Moi Teaching and Referral Hospital’s CEO, and Engineer Joseph Mungai Kamau—challenged the court’s jurisdiction and sought a reversal of the conservatory orders. However, this application was also dismissed.
Undeterred, Kalekye’s legal team escalated the matter to the Court of Appeal, arguing that the case raised critical questions about judicial jurisdiction that merited higher judicial review.
They maintained that her appointment’s legality could only be examined appropriately in the intended appeal.
After reviewing the application, Justices Mohamed Warsame, Mwaniki Gachoka, and Weldon Korir concluded that Kalekye’s appeal raised substantial issues warranting judicial consideration.
They ruled in favor of staying the conservatory orders and any proceedings linked to Nakuru High Court Constitutional Petition No. E011 of 2024 until the appeal could be heard.
“Applications E067 of 2024 and E068 of 2024 are hereby allowed to the extent that an order is issued staying the conservatory orders and further proceedings,” the three-judge bench stated.
