Rédaction Africa Links 24 with Kenyans.co.ke
Published on 2024-02-20 06:26:16
Milimani High Court has issued a directive to the Law Society of Kenya (LSK) to serve Treasury Cabinet Secretary Njuguna Ndung’u and Ministry of ICT Principal Secretary, Edward Kisiang’ani with court papers. This directive comes after two members of the society filed a petition application claiming that the State has monopolized information by restricting My Gov’s circulation to one newspaper.
In the petition, Peter Wanjiku, an advocate of the high court, emphasized the urgency of the application and petition, stating that they should be placed before the duty Judge for consideration, hearing, and determination on a priority basis. LSK has accused PS Kisiang’ani of violating the constitutional principle of separation of powers.
The controversy arose after PS Kisiang’ani issued a directive to restrict advertising for the next two years to one media house, affecting Principal Secretaries, Chief Executive Officers of State Corporations, Semi-Autonomous and Autonomous Government Agencies, Independent Commissions, and Vice Chancellors of Public Universities. LSK has raised concerns about the move, stating that it places other media stations at a competitive disadvantage and applies dissimilar conditions to other national media houses.
Furthermore, the petition highlighted that not all Kenyans will be able to access government information, as the media house awarded the tender only distributes in Nairobi. The advocates argued that the move prevents, distorts, or lessens competition in the media or advertising industry by controlling the printing, distribution, and access of the My.Gov Publication.
The lawyers also called for the nullification of the establishment of the Government Advertising Agency under Treasury Circular No. 09/2015 dated 10 July 2015 if the move to award the tender to one media station has to stay. It was noted that The Star newspaper, which won the tender in late 2023, prints and distributes 100,000 copies of the newspaper for free every Tuesday.
PS Kisiang’ani defended the award, stating that the media house won the deal under a free and fair bidding ceremony. He claimed that The Star was chosen for its favorable offer that matched the government’s move to cut down advertisement costs.
The implications of this directive and decision by the government have sparked a legal battle, with LSK seeking for the courts to address the violation of constitutional principles and the impact on media competition and access to government information.
As the case unfolds, it will be interesting to see how the court will approach these issues and the potential ramifications for media diversity and access to information in Kenya.
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