High Courts issue rulings on Kenyan tender advisory and Malawian DPP appointment

In Kenya, the High Court has invalidated an advisory from the Attorney General regarding the Digital Super Highway tender. Justice Lawrence Mugambi ruled the advisory unconstitutional, stating the Attorney General overstepped into the mandate of the Ethics and Anti-Corruption Commission (EACC). The advisory had cleared a multi-billion-shilling contract awarded to Nightigale (EA) Limited of conflict-of-interest concerns. While the judge did not rule on whether a conflict actually exists, he directed that the allegations be investigated by the EACC, which holds the authority to examine ownership and shareholding structures.

In Malawi, the High Court dismissed an application for judicial review concerning the appointment of Director of Public Prosecutions (DPP) Fostino Maele. Senior lawyers had challenged the constitutionality of Maele’s appointment and the discontinuation of cases they were handling as private prosecutors. Justice Anneline Kanthambi ruled that the matter was based on a private contract and was therefore not suitable for judicial review. The petitioners had argued that Maele’s appointment was invalid because the previous office holder’s term had not yet expired.