State wins appeal on “GoK Delivers” poll ads case

The Court of Appeal has suspended orders that required the Government to make full disclosure of spending on advertisements in support of President Uhuru Kenyatta's re-election campaign.

The Court of Appeal yesterday temporarily suspended execution of orders that directed the Presidential Delivery Unit (PDU) to disclose the amount of money it spent on “GoK Delivers” advertisements.

In the run-up to 2017 presidential polls, Katiba Institute sued the Government for advertising achievements on the State portal. The group sought information on the advertisements to establish the extent to which they violated electoral laws.

High Court Judge Chacha Mwita ruled in favour of the lobby group, ordering a permanent injunction that barred the Government from advertising its achievements.

Justice Mwita also ruled that use of public resources to launch and maintain a Government delivery portal was irregular, illegal and unlawful.

Appeal determination

The Government moved back to court and sought a stay of execution of orders pending the determination of an appeal. In its application, the Government listed eight grounds to demonstrate that its appeal was arguable.

Justices Milton Mkahandia, William Ouko and Otieno Odek agreed.

“Accordingly, we come to the conclusion that the applicants, having satisfied both limbs, are entitled to the protection of the law pending the lodging, hearing and determination of the appeal. In the result, the application succeeds and an order of stay of execution of the judgment and decree of November 8, 2017 granted until the appeal is lodged and heard,” the judges ruled.