TITLE: REPUBLIC V MINISTRY OF INFORMATION & COMMUNICATION AND 5 OTHERS
VENUE: IN THE HIGH COURT OF KENYA AT NAIROBI
CASE ID: MISC. APPLICATION NO. 401 OF 2014
AUTHORING JUDGE: G V Odunga J
DATE OF DECISION: 29th May 2015
PLAINTIFF: REPUBLIC OF KENYA (applicant)
DEFENDANTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
THE CABINET SECRETARY
MINISTRY OF INFORMATION & COMMUNICATION-1ST RESPONDENT
COMMUNICATIONS AUTHORITY OF KENYA- 2ND RESPONDENT
THE HON. ATTORNEY GENERAl-3RD RESPONDENT
CAROLE KARIUKI- 1ST INTERESTED PARTY
WILBERT KIPSANG CHOGE- 2ND INTERESTED PARTY
KENNEDY MONCHERE NYAUNDI-3RD INTERESTED PARTY
GRACE MWENDWA MUNJURI- 4TH INTERESTED PARTY
PROF. LEVI OBONYO- 5TH INTERESTED PARTY
HELLEN KINOTI - 6TH INTERESTED PARTY
BEATRICE OPEE- 7TH INTERESTED PARTY
PETER MUNYWOKI MUTIE- 8TH INTERESTED PARTY
EX-PARTE: ADRIAN KAMOTHO NJENGA
KEYWORDS: ICT, Information Technology
JUDGEMENT:
Introduction
1. By a Notice of Motion dated 24th October, 2014 the ex parte applicant herein Adrian
Kamotho Njenga seeks the following orders:
1. An order of Certiorari to remove into this honourable court and quash the decision and gazette
notices Nos. 2915 and 3586 dated 24th April and 20th May 2014 respectively by the 1st Respondent
and the 1st Interested Party publishing the names of the shortlisted candidates for appointments to
the 2nd Respondent’s board and appointing the 2nd to 7th Interested Parties as members of the
Communications Authority of Kenya (CAK) Board
2. An order of Mandamus compelling the 1st Respondent to disclose the full composition of the
Selection panel chaired by the 1st Interested Party.
3. Costs of an incidental to the application be provided for.
4. Such further and other reliefs that the Honourable Court may deem just and expedient to grant.
Applicant’s Case
2. The application was supported by a verifying affidavit sworn by the applicant on
23rd October, 2014.