The ruling follows a petition filed by David Njoe Kithunka, who challenged the legality of the appointment made by Cabinet Secretary Ababu Namwamba in January 2023.
Kithunka argued that the appointment was unlawful because the law mandates the Kenya Cultural Centre Council, not the Cabinet Secretary, to select its chairperson.
The petitioner claimed that Namwamba’s decision to appoint Muigai directly bypassed this legal requirement, making the move unconstitutional.
In his judgment, High Court Justice Lawrence Mugambi agreed with the petitioner's claims.
The judge declared that Muigai’s appointment was “invalid, null, and void” and constituted an arbitrary act that violated the Kenya Cultural Centre Act and the constitutional principle of the rule of law.
Justice Mugambi emphasized that the action contravened Section 3(3) of the Kenya Cultural Centre Act, as well as Section 6(1) of the law, which clearly outlines the procedure for appointments to the council.
Muigai, who had been appointed as Chairperson on January 21, 2023, was meant to serve for two years until January 2025.
However, the court did not specify the implications of his nearly completed term.
The ruling has left many wondering whether there will be any legal consequences for the time Muigai served in the role before the court’s decision.
Following the court's decision, Justice Mugambi instructed the Kenya Cultural Centre Council to elect a new chairperson in accordance with the law.
This order is a significant one, as it highlights the importance of following legal procedures in governmental appointments.
The decision has been met with attention due to the high-profile nature of the appointment.
Kungu Muigai is a well-known figure in Kenya, and his appointment had been seen by some as part of the broader political landscape involving the Kenyatta family.
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