NAIROBI, Kenya- In an unexpected development, the High Court has reinstated President Uhuru Kenyatta’s cousin Kungu Muigai as Chair of the Kenya Cultural Centre Council—at least for now.
Justice Lawrence Mugambi’s ruling declared Muigai’s initial appointment “invalid, null, and void.” However, in a surprising twist, the court has allowed him to continue serving until a new chair is lawfully appointed.
The decision follows a petition by David Njoe Kithunka, who argued that then-Sports Cabinet Secretary Ababu Namwamba overstepped legal boundaries when he appointed Muigai via a gazette notice on January 21, 2023.
According to the Kenya Cultural Centre Act, the chairperson should be elected by the Council—not handpicked by the CS.
While invalidating Muigai’s appointment, the High Court directed the Kenya Cultural Centre Council to elect its next chair following due legal process. The ruling emphasized that leadership changes must align with Section 3(3) of the Kenya Cultural Centre Act.
“An order is hereby issued that the Kenya Cultural Centre Council shall elect its Chairman in accordance with Section 3(3) of the Kenya Cultural Centre Act,” the ruling stated.
Essentially, Muigai’s reinstatement is temporary—he holds the seat until the Council convenes and elects a new leader. This move aims to prevent a leadership vacuum while ensuring the process remains within legal confines.
The court’s decision underscores a broader issue—executive overreach in public appointments. Kithunka, the petitioner, accused Namwamba of disregarding legal provisions meant to ensure transparent governance.
Justice Mugambi ruled in favor of Kithunka’s petition but stopped short of imposing penalties, stating that both parties would bear their own legal costs. The ruling sets a precedent for similar cases, reinforcing that procedural integrity is non-negotiable when filling public offices.
With the Council now tasked with selecting a new chair, all eyes will be on how swiftly—and lawfully—the process unfolds.
Will Muigai seek election through the proper channels, or will the Council opt for fresh leadership? One thing is certain: this case serves as a reminder that even high-profile appointments must adhere to the rule of law.
