In the ruling delivered on March 20, the court observed that the petition was challenging appointments which had already been revoked.
"The petitioner claimed that the Talanta Council and its Technical Committees had been re-established illegally but in the light of a formal gazette notifying the general public of their revocation, the Petitioner’s claim flies in the face," the judge ruled.
CS Namwamba had sought to shore up his youth strategy through the appointments of; Azziad Nasenya (content creator), Dennis Itumbi (digital strategist), Rosemary Wahu Kagwi (musician) as well as media personalities Jimmi Gathu, and Carol Radul to the Talanta Hela Council.
Justice Mugambi added that since the appointments were revoked in June 2023, it was no longer worthy to pursue the petition.
Meanwhile, according to the petitioner, the establishment of the Talanta Hela Council and its subsequent committees- the Sports Technical Committee and the Creatives Technical Committee was redundant.
He argued that their mandates overlapped with those of Sports Kenya, Kenya Sports Academy and Kenya Copyright Board.
He wanted the court to declare the appointments did not meet the laid down requirements and procedure in the Constitution therefore making them unlawful, irregular, null and void.
The petitioner also wanted the court to quash the Gazette Notice issued in February announcing the appointments and establishment of the two committees.
Additionally, if the petition was successful, Namwamba was required to disband the committees and revoke the appointments.
He (the petitioner) stressed that it is clear that the 1st respondent (CS Namwamba) actions were geared toward defeating justice while evading accountability," read part of the court documents.
In his defence, CS Namwamba argued that the matter had been resolved through the revocation adding that the petitioner did not have evidence to prove that the Talanta Hela Council was re-established illegally.
The CS and the Ministry of Sports and Youth Affairs, therefore asked the court to dismiss the petition.