Court Acts After Petition Against Azziad, Churchill, Akothee Govt Appointments

High Court on Monday, May 22 suspended the establishment of the program, which contains two technical committees

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May 23, 2023 - 17:43
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Court Acts After Petition Against Azziad, Churchill, Akothee Govt Appointments
Collage of Azziad Nasenya, Churchill and Akothee. /VIRALTEAKE

The Talanta Hela Council chaired by Youth Affairs, Sports and Arts Cabinet Secretary Ababu Namwamba and created by President William Ruto to nurture grassroots talent encountered its first bump.

This is after the High Court on Monday, May 22 suspended the establishment of the program, which contains two technical committees, one for sports and one for creatives and was established by the Head of State on Friday, February 10 through a Gazette Notice.

High Court Judge Lawrence Mugambi who issued the orders freezing the appointment of members to the Council for a period of three years gave the Sports CS and Attorney General Justin Muturi 14 days to reorganise themselves and respond to the petition and application, which shall be its last chance.

Sports CS Ababu Namwamba meeting Churchill on February 15, 2023. /TWITTER.TWITTER.MINISTRY OF YOUTH AFFAIRS, THE ARTS & SPORTS

“Pending the hearing and determination of this application inter parties, an interim orders be and is hereby issued suspending the special issue of the Kenya Gazette Notice 1649(Vol. CXXV No.32) dated February 10, 2023, publishing the establishment of the Talanta Hela Council and its Technical Committees and consequent appointments for a period of 3 years,” ruled Mugambi.

The judge also allowed Sports Kenya, Kenya Academy and Kenya Copyright Board to be enjoined in the case.

The court order was issued after creative enthusiast Charles Mugane filed a petition seeking to have the newly-created Creatives Technical Committee under the Talanta Hela Council revoked.

Mugane, in the petition filed by Mugane Advocates on Tuesday, March 7 argued that the committee, chaired by renowned comedian Daniel Ndambuki (Churchill) was illegal.

According to him, the persons appointed to the committees were chosen with no regard to "the principle of meritocracy" and that the appointments were the reward of political cronies at the expense of thin public coffers "which matter is a betrayal of the public trust bestowed upon you by the Kenyan citizenry."

Mugane further lamented that the appointments were made in breach of Article 10 of the Constitution which sets out the national values and principles of governance, including public participation, good governance, transparency and accountability. 

"Certainly, no selection process has been shown of how the eleven were arrived at from the massive eight million Kenyans on the TikTok platform where the appointees appear to have been drawn from," read part of the petition.

"Your actions above are a blatant disregard of the law which our client shall not countenance."

Mugane, therefore, demanded that he be furnished with evidence of public participation in the establishment of the council and the committee and called for the budget for the council and the committee to be provided and a statement of expenditure showing what has been incurred and expended.

Other demands he made were to receive the source of the funding for the body and the selection criteria used for the appointments. 

Justice Mugambi allowed Mugane to respond to issues raised by the new parties. The case will be mentioned on June 12, 2023, for further directions.

The Creative Technical Committee consists of Akinyi Odongo, Jimmi Gathu, Catherine Kamau, Esther ‘Akothee’ Akoth, Kizito Makhande, TikToker Azziad Nasenya, Rosemary Wahu Kagwi, Awadhi Salim Awadhi, Douglas Kipkirui, Langat Susan Ekasiba and comedian Daniel ‘Churchill’ Ndambuki, who is its chairman.

The role of the committee is to propose reliable systems for the seamless and accountable collection and distribution of royalties to all creatives. Additionally, it will propose implementation frameworks for the creatives economy plan.

The team will also manage the National Creatives Awards (Kenyan Grammys), deploy the digital space in talent search, identification, nurturing and exposure as well as establish a robust framework to monetize the creatives sector to expand employment opportunities and support Kenya’s economic growth.

Carol Radull, Azziad Nasenya, Churchill, Catherine Kamau, and Dennis Itumbi among others at the official unveiling of the Talanta Hela Council and the Committees on February 15, 2023 /TWITTER.MINISTRY OF YOUTH AFFAIRS,THE ARTS & SPORTS