REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MISCELLANOUS CIVIL CASE NO .

0F 2012 IN THE MATTER FOR THE APPLICATION FOR LEAVE TO APPLY FOR ORDERS OF CERTIORARI, AND MANDAMUS AND IN THE MATTER OF KENYA BROADCASTING CORPORATION ACT CAP 221 LAWS OF KENYA AND RULES MADE THEREUNDER AND IN THE MATTER OF APPOINTMENT OF EDITOR IN CHIEF AND A DEPUTY EDITOR IN CHIEF AT KENYA BROADCASTING CORPORATION ON OR BEFORE MARCH 2012 BETWEEN JARED JUMA ... APPLICANT AND KENYA BROADCASTING CORPORATION 1ST RESPONDENT WAITHAKA WAIHENYA...2ND RESPONDENT

CHAMBER SUMMONS (Under Order LIII rule 1 (1), (2), (3) & (4) of the Civil Procedure Rules Section 8(2) and 9 of Law Reform Act Cap 26 of Law of Kenya and all the enabling provisions of he law.) LET ALL PARTIES CONCERNED attend the Honorable Judge in chambers on the ------------------------2012 at 9.00 Oclock or in the forenoon or soon thereafter for hearing the application by the Applicant FOR ORDERS THAT:1. This application be certified Urgent and heard ex parte in the first instance or be fixed for hearing early. 2. to Leave be granted to the Applicant to apply for an order of Certiorari bring to this honorable court for the purpose of being quashed the decision of the Respondents purporting to recruit an Editor in Chief in the month of March 2012 without following the KBC COR b( ii) and B(iii). 3. Leave be granted to the Applicant to apply for an order of Certiorari to bring to this Honorable court for the purpose of being quashed, the

decision of the Respondents purporting to recruit a Deputy Editor In chief in the month of March 2012 without following the KBC COR b( ii) and B(iii). 4. Leave be granted to the Applicant to apply for an order of Mandamus to compel the Respondents follow the procedure of recruitment of personnel at the corporation as required by KBC COR.B(ii) and (iii) to advertise internally the two positions and if necessary advertise externally the two positions at the Public Corporation. 5. Leave do operate to stay the implementation of the decision of the Respondent conveyed to the Editor in Chief and his deputy purporting to appoint them in the said capacities pending hearing and determination of the matter. 6. The cost of this application by in favor of the Applicant.

WHICH APPLICATION is based on the grounds that:(a) (b) The Applicant Jared Juma is a tax payer in the Republic of Kenya. During the month of March 2012, the respondents appointed two officers namely Editor in Chief and the Deputy Editor in Chief without following the KBC COR B (i)and (ii). (c) The Respondents decision in the recruitments has genuinely aggrieved the applicant because of the following grounds

1. Breach of Legitimate Expectations i.) The Respondents have jointly and severally breached the Legitimate Expectations of the applicant and the rest of the members of the public by, without lawful grounds, sidestepping the KBC COR b (ii) and (iii) in the Recruitment of the two officers at the first respondent. ii) The Applicant had a legitimate expectation that that the Respondents would follow the Rule of law in such matters and by deviating from the legal path and procedure, the Respondents have waged war on the law and acted as though they are law unto among themselves. iii.) The Respondents jointly and severally have waged war on the Laws of Kenya by without lawful grounds purporting to be a law unto themselves. iv) The Respondents failure to discharge its duties in accordance with the law infringed on the applicants legitimate expectation that decision makers of statutory body of which the 1st Respondent is, would act fairly and in accordance with the laws and procedure as is provided for in KBC CoR (b) (i) and (ii) on recruitment . 2. Illegality i) The decision to recruit the two officers outside the provision of the Law is and remain illegal and to the extent that the decision was taken outside the legal provision, as stipulated in KBC COR the impugned decision remain void ab initio. ii) The position of the Deputy Editor in Chief is not provided for in the KBC COR. The appointment of an officer in the said capacity is therefore an illegality.

iii) The decision to exclude the Applicant and other qualified members of the public from a process that is designed for competition from the public amounts to discrimination contrary to the provisions of Art 27. of the Constitution of Kenya. iv) Further by locking out competition from the process of recruitment of personnel in the first Respondent, the Respondents talent and qualifications, have denied the members of the public a chance to get the services and expertise of the best expertise that would have been got had the process been done competitively and legally. v) The decisions of the Respondents in this matter is not supported by any positively applied Law and is therefore utra vires the powers of KBC Act. 3. Bad Faith i) The Respondents ought to have exhausted the possibilities of sourcing the two officers from within the Corporation. By making recruitment decisions that are insensitive to the plight of the existing employees, the Respondents have manifested bad faith and such decision kills the morale of the team work and appreciation of self at the corporation. ii) The Respondents conduct in this matter manifest active, real and constructive bad faith against the Applicant and corresponding bias towards him.

i)

The Applicant expected that there would by lawful and reasonable ground for any decision act or omission of the Respondent.

ii)

The Respondents conduct, omissions and decisions herein have fundamentally affected the tenets of justice, good public policy in a mater involving fundamental issues of civil rights, democracy and the rule f law.

4.

It is only this honorable court exercising its supervisory jurisdiction under order LIII of the Civil Procedure Rules that is capable of redressing the terrible injustice that the Respondents conduct, omission and decision will occasion upon Applicant unless the Respondents are restrained forthwith.

THE APPLICATION is supported by the statutory statement and verifying affidavit of Jared Juma and other or further grounds to be adduced at the hearing thereof.

Dated at Nairobi this day of August, 2012. ____________________________ JARED JUMA APPLICANT HEREIN

DRAWN AND FILED BY: JARED JUMA C/o ICPC AMBANK HOUSE 13TH FLOOR NAIROBI

To be served upon MR WAITHAKA WAIHENYA THE MANAGING DIRECTOR KENYA BROADCASTING CORPORATION

NAIROBI.