Ethics and Anti-Corruption Commission CEO Twalib Mbarak on Thursday wrote to the Council of Governors (CoG) concerning their sanction against the Nation Media Group (NMG).
Mbarak warned the governors that their declaration goes against the Constitution and may result to legal redress against all who execute it.
CoG Chair Wycliffe Oparanya had on Wednesday issued a memo to the governors asking them not to advertise with any of the NMG platforms following their coverage of corruption scandals involving governors.
"There has been a deliberate effort to portray Governors as corrupt, inept and unable to run their counties especially by NMG as evidenced in the Daily Newspaper headline of 8th September 2020 captioned 'Eight Governors on graft hit list'.
"It was resolved that henceforth, no county government shall advertise with the Nation Media Group merchandise until the situation is rectified," the memo read in part.
EACC CEO Mbarak, however, quoted Article 227 of the Constitution which compels state organs to establish a fair system of procurement when enlisting products and services from providers.
Backlash against CoG
EACC had added to dissenting voices which had strongly condemned the Council's move against NMG.
Other institutions which condemned the CoG are the Media Council of Kenya (MCK) and the Kenya Editors Guild.
"The statement by CoG has the potential of singling out journalists for potential intimidation, harassment and denial of access to important county offices and functions," MCK CEO David Omwoyo noted.