The High Court has allowed the Chairperson of the Media Owners Association of Kenya Agnes Kalekye to take over as the Kenya Broadcasting Corporation managing director.
Kalekye's appointment had earlier been suspended pending the determination of a lawsuit that had been lodged in court.
Before the appointment, Kalekye served as the Chief Operating Officer at Radio Africa Group.
Kalekye was appointed Managing Director at the Kenya Broadcasting Corporation (KBC) in May.
The appointment was made by Former ICT Cabinet Secretary Eliud Owalo.
Six petitioners led by Magare Gikenyi, had sought conservatory orders at the Nakuru High Court, suspending the press release, gazette notice and any other documents or authority dated May 17, 2024.
In their defence, the parties affected by the conservatory orders went back to court seeking a stay of those orders.
They include Kalekye, Athi Water Works Development, Kenya National Shipping Lines Ltd, CEO of Moi Teaching and Referral Hospital, and Engineer Joseph Mungai Kamau.
They also challenged the jurisdiction of the High Court through a notice of preliminary objection.
Preliminary object is a formal step by which a respondent raises a question which it contends should be dealt with separately before any other issue in the proceedings is examined.
Their applications were however dismissed on June 20, 2024.
Appealing against the ruling, the respondents moved to the Appellate Court seeking conservatory orders against the ruling in favour of the petitioners, pending the hearing and conclusion of the appeal.
The court was told that the intended appeal is arguable as it touches on the jurisdiction of the trial court.
The respondents, including Kalekye, sought orders that any appeals would be rendered nugatory should the petition be heard and determined before the intended appeals are heard.
After determining the applications, Justices Mohamed Warsame, Mwaniki Gachoka and Weldon Korir ruled that there was no doubt that the intended appeal raises an arguable point deserving of the Court's interrogation on merit.
The judges found that the motions before them had satisfied the limbs that must be established by an applicant who seeks a stay of execution or proceedings.
“Accordingly, applications E067 of 2024 and E068 of 2024 are hereby allowed to the extent that an order is hereby issued staying the conservatory orders and further proceedings in Nakuru High Court Constitutional Petition No. E011 of 2024 pending the hearing and determination of the applicants’ intended appeals,” the three-bench ruled.
