Kenya Culture Centre Chairman Kungu Muigai has suffered a blow after the court revoked his appointment.
This comes after City Lawyer Henry Kurauka, on behalf of David Njoe, the petitioner, had made an application to quash that appointment saying that it was hurriedly and illegally done contrary to the law.
In court papers, Kurauka sued Muigai alongside the Cabinet Secretary in the Ministry of Youth, Sport and the Arts, the Attorney General and the Kenya Cultural Centre.
It was his submission to the court that Mr. Muigai’s appointment violated Article 75 of the constitution and he was not fit to hold office.
“Captain Muigai is not fit to hold office since he does not meet the integrity threshold set under article 10 of the constitution. He was deported from India and USA due to his undesired action,” Kurauka told the court.
Kurauka further told the court that Captain Muigai’s appointment was not subjected to public participation procedures and the principles of equity, transparency, merit and competitiveness.
The advocate outlined many other areas to prove that Muigai’s appointment was an illegal procedure.
In response, Muigai told the court that his appointment was legally done as per the law by the first respondent urging the court to dismiss it in totality.
While delivering her judgement, Justice Hellen Mugambi said that the appointment of Muigai was illegal and unprocedural, adding that the petitioner’s case succeeded and hence dismissed Muigai’s defence.
“A declaration that the first respondent action of appointing the Capt. Kungu Muigai as the chairman of the Kenya Cultural Centre Council with effect from Jan 20, 2023, is an arbitrary act that contravenes section 3 (3) of the Kenyan Cultural Act read with section 6(1) and violates the principle of the rule of law under article 10 (2) (a) of the constitution, ” said the Judge.
The judge also ruled that the appointment of Muigai, with effect from Jan 20, 2023, is invalid, null and void.
