High Court Delivers Blow to PS Kisiang’ani

The High Court has delivered a blow to the government after ruling that the Ministry of ICT’s decision to channel all public-sector advertisements exclusively through the Kenya Broadcasting Corporation (KBC) is unconstitutional.

This follows a directive issued by outgoing ICT Principal Secretary Edward Kisiang’ani in March 2024 that restricted government ministries and parastatals to advertising exclusively with KBC.

KBC is a state-owned public broadcaster. It operates under the Kenya Broadcasting Corporation Act, which defines its role as the national broadcaster responsible for delivering news, educational content, and entertainment across Kenya.

While giving the directive, Kisiang’ani argued that the move was aimed at reviving the financially struggling KBC. 

In a ruling delivered virtually on Thursday, March 20, Justice Lawrence Mugambi of the High Court declared the directive unconstitutional, stating that it violated principles of good governance, equality, and media freedom as outlined in Articles 10, 27, and 34 of the Constitution.

According to Justice Mugambi, limiting government advertisements to one broadcaster imposed indirect influence over the media and breached established fair procurement guidelines.