Cabinet Secretary Ababu Namwamba has prevented TikToker Azziad Nasenya, artists Akothee and Wahu Kagwi, and comedian Daniel 'Churchill' Ndambuki from taking up their posts on the Talanta Hela Creatives Technical Committee.
The Talanta Hela scheme, which Namwamba sponsored with President William Ruto's backing, was suspended by the High Court on Monday.
President Ruto formed the Talanta Hela Council via Kenya Gazette Notice No 1649 (Vol. CXXV No.32) on February 10 2023, to cultivate talent at the grassroots level.
The council was divided into two factions: a technical committee for sports led by veteran sports journalist Carol Radull and a creative committee led by Churchill.
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The court also overturned the appointment of each member of both councils for a three-year term.
Justice Lawrence Mugambi suspended the councils in his decision until the outcome of a case made by creative enthusiast Charles Mugane.
Mugane filed a court petition in March, citing legal and constitutional issues in the council's formation and accusing Namwamba of prejudice in the appointments.
Mugane said in his application that Namwamba hand-picked the committee members without regard for any criteria, including merit.
According to the petitioner, the appointments were made, disregarding Section 10 of the Constitution of Kenya.
The article outlines the values and concepts of national governance, such as public engagement, openness, and accountability.
"Certainly, no process has been demonstrated as to how the eleven were chosen from the massive eight million Kenyans on the TikTok platform from which the appointees appear to have been drawn." "Your (Namwamba's) actions above are in flagrant violation of the law, which our client will not tolerate," Mugane Advocates said in court filings on Mugane's behalf.
Mugane needs evidence of public involvement in the council's and committee's formation and funding details to support the council's activities.
Justice Mugambi issued a brief ruling on Monday, saying, "After hearing both counsel, the request for notice has been granted by way of an interim order suspending Special Gazette of Kenya Notice No 1640 (Vol.CXXV-No32) of February 10 2023."
Akinyi Odonngo, renowned radio presenter Jimmy Gathuu, actress Catherine Kamau, Kizito Makhande, Awadhi Salim Awadhi, Douglas Kipkurui, and Langat Susan Ekasiba are also on the Creative Technical Committee.
On June 12, 2023, the case will be listed for further action.
