Head of Public Service Joseph Kinyua. He is among those sued. PHOTO | FILE | NATION MEDIA GROUP
Summary
- Order says the government should not advertise its achievements in print, electronic, banners or hoardings in public places.
- Presidential Delivery Unit, Mr Nzioka Waita, Andrew Wakahiu and Head of Public Service Joseph Kinyua named in suit.
- Justice Chacha Mwita directs respondents to file and serve their response in seven days.
The government was Monday temporarily barred from publishing its advertisements on a public website.
High
Court judge Enoch Chacha Mwita issued the order after a lobby last week
took to court the Chief of Staff and Head of Public Service Joseph
Kinyua accusing of failing to respond to a request for information on
advertisements associated with the Presidential Delivery Unit during the
campaign period.
“Pending the hearing of this case, an
order is hereby issued restraining the sued parties or their agents
from, in any way, publishing any advertisements of achievements of the
government either in the print or electronic media, or by way of banners
or hoardings in public places,” the judge said.
Katiba
Institute had sought information on achievements highlighted by the
government in a website popularly known with a hashtag #Jubilee delivers
or #GOKDelivers.
Katiba moved to court in protest of
the failure to access information on the portal while seeking a
temporary suspension regarding the posting of government’s achievements
on that online site.
According to the lobby, they had
sought the information with an aim of establishing the extent of
violation of the electoral law during the campaign period.
Where
the incumbent President is defending his or her seat, the law prohibits
him or her from advertising development achievements as a way of
campaigning within 30 days to an election. It imposed a Sh2 million fine
and a six year jail term for offenders.
The ruling Jubilee Party has pushed for a change to the law that
bars the government from publicising its achievements through the
controversial Election Offences (Amendment) Bill, 2017.
Through
lawyers Suyianka Lempaa and Waikwa Wanyoike, Katiba had told court that
it wanted information regarding all the government advertisements that
were being aired in all local media stations days before the August 8
General Election.
The lobby further wanted to know how
much public money was spent before the bungled polls were held on the
advertisements and if it was necessary to air the adverts.
The
lobby has also sued Mr Kinyua’s deputy Mr Nzioka Waita as well as Mr
Andrew Wakahiu who is the secretary for delivery and head of the Unit.
The
lobby has faulted the former treasury Principal Secretary of failing to
direct Mr Waita and Mr Wakahiu to disclose that information.
Katiba
has accused the said unit together with Mr Wakahiu of refusing to
provide that information contrary to the laws on good governance,
participation of the people, human rights, transparency and
accountability.
PDU has carried out advertisements in
media, billboards, bridges and overpasses with tags of the said hashtags
in the recent past.
On August 17, Katiba wrote a
letter to PDU and Mr Wakahiu using provisions of the law on freedom of
information and expression as well as the access to information Act.
They sought to know the number of advertisements PDU has published, the medium used to air the adverts and the dates aired.
They
also wanted to know the number of copies of all the adverts, the total
costs incurred to advertise and the person or entity which authorized
payments for the same.
Besides suspending the adverts, they now want the sued parties compelled to provide that information.
The case will be heard on November 8.
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