TITLE: REPUBLIC V MINISTRY OF INFORMATION & COMMUNICATION AND 5 OTHERS VENUE: IN THE HIGH COURT OF KENYA AT NAIROBI CASE ID: MISC. APPLICATION NO. 401 OF 2014 AUTHORING JUDGE: G V Odunga J DATE OF DECISION: 29th May 2015 PLAINTIFF: REPUBLIC OF KENYA (applicant) DEFENDANTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. THE CABINET SECRETARY MINISTRY OF INFORMATION & COMMUNICATION-1ST RESPONDENT COMMUNICATIONS AUTHORITY OF KENYA- 2ND RESPONDENT THE HON. ATTORNEY GENERAl-3RD RESPONDENT CAROLE KARIUKI- 1ST INTERESTED PARTY WILBERT KIPSANG CHOGE- 2ND INTERESTED PARTY KENNEDY MONCHERE NYAUNDI-3RD INTERESTED PARTY GRACE MWENDWA MUNJURI- 4TH INTERESTED PARTY PROF. LEVI OBONYO- 5TH INTERESTED PARTY HELLEN KINOTI - 6TH INTERESTED PARTY BEATRICE OPEE- 7TH INTERESTED PARTY PETER MUNYWOKI MUTIE- 8TH INTERESTED PARTY EX-PARTE: ADRIAN KAMOTHO NJENGA KEYWORDS: ICT, Information Technology JUDGEMENT: Introduction 1. By a Notice of Motion dated 24th October, 2014 the ex parte applicant herein Adrian Kamotho Njenga seeks the following orders: 1. An order of Certiorari to remove into this honourable court and quash the decision and gazette notices Nos. 2915 and 3586 dated 24th April and 20th May 2014 respectively by the 1st Respondent and the 1st Interested Party publishing the names of the shortlisted candidates for appointments to the 2nd Respondent’s board and appointing the 2nd to 7th Interested Parties as members of the Communications Authority of Kenya (CAK) Board 2. An order of Mandamus compelling the 1st Respondent to disclose the full composition of the Selection panel chaired by the 1st Interested Party. 3. Costs of an incidental to the application be provided for. 4. Such further and other reliefs that the Honourable Court may deem just and expedient to grant. Applicant’s Case 2. The application was supported by a verifying affidavit sworn by the applicant on 23rd October, 2014.