The High Court has ruled against ICT Principal Secretary Edward Kisiang’ani’s directive to monopolize government advertisements through the Kenya Broadcasting Corporation (KBC), declaring it unconstitutional. Justice Lawrence Mugambi annulled a memo issued by the PS in March last year that mandated all government agencies to exclusively use KBC for public advertisements.
The ruling comes amid controversy over Kisiang’ani’s recent decision to cancel a media campaign contract with the Standard Media Group for the launch of the National Irrigation Sector Investment Plan (NISIP). The court found that the directive violated constitutional principles of good governance, equality, and media freedom.
Justice Mugambi noted that the memo contravened Articles 10 and 27 of the Constitution by discriminating against private media houses and bypassing established procurement procedures. The directive required all government ministries, state agencies, independent commissions, and public universities to advertise exclusively with KBC, sidelining private broadcasters.
“The PS unlawfully appropriated himself inexistent powers. He did not have the authority to issue such a memo, rendering his actions null and void,” stated Justice Mugambi. He added that the move posed a significant threat to media freedom and violated Article 34 of the Constitution, which safeguards press independence.
The case was brought before the court by the Law Society of Kenya (LSK), the Kenya Editors Guild (KEG), and the Kenya Union of Journalists (KUJ), who argued that the directive was unlawful and harmful to media diversity. They contended that the exclusive advertisement policy distorted fair competition and undermined the financial sustainability of private media houses.
Justice Mugambi further criticized the directive, stating that it indirectly sought to control government messaging by circumventing procurement laws and excluding private media. “Such a move cannot stand under the constitutional framework,” he asserted.
The ruling is a significant victory for media stakeholders, reinforcing the need for fairness and competitive practices in government advertising. It also underscores the judiciary’s role in upholding constitutional freedoms and ensuring that government policies adhere to the rule of law.
