With just a year into office after the government appointed former President Uhuru Kenyatta’s cousin Captain Kungu Muigai as the Chairperson of the Kenya Cultural Centre Council, the latter has suffered a blow following a recent ruling on his position.
This comes after the High Court declared the appointment as null and void, following a petition filed challenging the same.
This followed a petition filed by David Njoe Kithunka, who moved to court seeking orders to declare the appointment unlawful. He argued that the then Cabinet Secretary, Ababu Namwamba, had violated the law in appointing Muigai.
The petitioner claimed that Namwamba bypassed the Kenya Cultural Centre Council by appointing Muigai to the position, despite the law vesting the authority to make such appointments in the council.
High Court Justice Lawrence Mugambi at a past meeting.
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Justice Lawrence Mugambi ruled that the appointment be immediately revoked, terming it as invalid, null, and void.
”A declaration is hereby issued that the purported appointment of Capt. Kungu Muigai to be the Chairman of the Board of the Kenya Cultural Centre Council for a period of two (2) years, with effect from the 20th January, 2023, is invalid, null, and void,” Mugambi ruled.
”A declaration that the 1st Respondent’s action of appointing the Capt. Kungu Muigai as the Chairman of the Kenya Cultural Centre Council with effect from 20th January, 2023 is an arbitrary act that contravenes Section 3 (3) of the Kenya Cultural Act as read with Section 6 (1) and a violation of the principle of the rule of law under Article 10 (2) (a) of the Constitution,” he added.
Muigai was supposed to serve as a member of the council and chairperson until January 20, 2025, with the court’s ruling however remaining silent on what would be the implication of him having served almost for the whole substantive term.
Muigai rose to the position following an appointment done on January 21, 2023, by Namwamba via a gazette notice.
“In exercise of the powers conferred by Section 3(1) of the Kenya Cultural Centre Act, the Cabinet Secretary for Sports, Culture and the Arts appoints Kungu Muigai to be a member and Chairperson of the Board of the Kenya Cultural Centre Council,” the notice read in part.
Consequently, Justice Mugambi directed the Kenya Cultural Centre Council to elect its new chairperson per the law.
”An order is hereby issued that the Kenya Cultural Centre Council shall elect its chairman in accordance with Section 3(3) of the Kenya Cultural Centre Act,” the ruling added.
Kungu Muigai (left) with ANC leader Musalia Mudavadi (centre) at a private event in 2020
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