Captain Muigai reinstated temporarily as Council prepares to comply with the Act

The High Court has re-instated Captain Kungu Muigai to continue chairing the Kenya Cultural Centre Council pending appointment of a new chairperson.

This development came following the courts invalidation of the appointment, citing constitutional violations.

In as much the High Court’s Justice Lawrence Mugambi invalidated his appointment as the Chair, the board has been allowed to sit down and appoint a new chair.

The court issued the order quashing Muigai’s appointment and directed the Kenya Cultural Centre Council to elect its Chairman in accordance with 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,” reads part of the ruling.

Muigai rose to the position following an appointment done on January 21, 2023, by former sports Cabinet Secretary Ababu Namwamba via a gazette notice.

However, this should not be the case as the Kenya Cultural Centre Act says that the position should be filled by and individual appointed by the Board whose name will be forwded to the CS.

In his December 31, 2024, ruling, Justice Mugambi declared the appointment “invalid, null, and void,” asserting it violated Section 3(3) of the Kenya Cultural Centre Act, which mandates that the Chairman be elected by the Council.

“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,” read the ruling.

“An order is hereby issued quashing the 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.”

Justice Mugambi also ruled that each party would bear its own costs in the matter.

The petitioner David Njoe Kithunka had argued that the appointing authority had failed to uphold the rule of law and protect public interest.

He argued that the then Cabinet Secretary, Ababu Namwamba, had violated the law in appointing Muigai.