3. According to the deponent, he is a thirty three (33) year old Kenyan citizen of sound mind
who instituted these proceedings as a law abiding citizen and a bona fide and qualified
Applicant for the appointment to the board of the 2nd Respondent whose name was
unlawfully not published in the 2nd Respondent’s website nor in the Kenya Gazette as
required by the Kenya Information and Communications (Amendment) Act 2013 Laws of
Kenya (hereinafter referred to as “the Act).
4. That among other awards of excellence, he was the holder a Master of Business
Administration Degree specializing in Information Systems from the University of Nairobi
and was at the time a Doctor of Philosophy candidate at the same University. He was also a
Certified Cyber Security Associate (CCSA) and Certified Public Accountant of Kenya (CPA-K), a
seasoned scholar, researcher and consultant with a broad range of publications in top rank
journals having presented numerous works in International Conferences and Workshops.
Apart from these he was, according to him, a reputed lecturer having taught at several
institutions including the Catholic University of Eastern Africa, Kenya Methodist University
and the University if Nairobi. As a highly development driven and public spirited individual,
he had been at the heart of ICT advocacy in Kenya over several years.
5. At the time of swearing the affidavit, he was the Secretary General of the Information
Communication Technology Association of Kenya (ICTAK) an organization devoted towards
the maximum realization of Kenya’s ICT potential.
6. Vide a gazette notice number 1781 dated 12th March 2014 published on 17th March, 2014
pursuant to Section 6B(1)(a), the 1st Respondent declared vacancies for the positions of
members of the Board of the Communications Authority of Kenya and invited applications
from suitably qualified persons for the said positions. A subsequent re-declaration of the
vacancies was done vide gazette notice number 2343 dated 3rd April 2014, ostensibly due to
the failure of the initial declaration to attract the requisite number of applicants.
7. Following the re-declaration of vacancies, the 1st respondent was required to set up a
selection panel which under Section 6B 1 (b) of the Act, was to be drawn from:
a. Media Council
b. Kenya Private Sector Alliance
c. Law Society of Kenya
d. Institute of Engineers of Kenya
e. Public Relations Society of Kenya
f.
Kenya National Union of Teachers
g. Consumer Federation of Kenya
h. Ministry responsible for matters relating to the media
8. According to the applicant the said selection panel was required under Article 6(B) 3 of the
Act, in its first meeting to appoint a chairperson and a vice chairperson who had to be of
opposite gender. However, the applicant contended that the membership of the said
selection panel was never disclosed by the first respondent and the 1st interested party is the
only known member of the said selection panel. To him the 1st respondent was and remains