Kenya Culture Centre Chairman Kungu Muigai has suffered a blow after the court revokes 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 illegal done contrary to the law.
In court papers Kurauka sued Muigai alongside the Cabinet Secretary in the Ministry of youths, Sport and the Arts , the attorney General and the Kenya Cultural Centre.
It was his submission to 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 intergrity threshhold 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 the public participation procedures and the principle of equity, Transparency,Merit and competitiveness.
The advocate outlined many other areas to prove that Muigai’s appointment was an illegal procedure.
In responce, Muigai told the court that his appointment was legal done as per the law.
He further said that , the appointment was legally done by the first respondent and urged the court to dismiss it in totality.
While delivering her Judgement Justice Hellen Mugambi says that the appointment of Muigai were illegal and an procedural ,she said the petitioners case succeeded and dismissed muigai’s defence.
“A declaration that the first responded 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 violation of the principle of rule of law under article 10 (2) (a) of the constitution, ” say the Judge.
The judge also rule that the appointment of Muigai with effect from Jan, 20 , 2023 is invalid, null and void
