The High Court has blocked the swearing-in of the recently re-appointed Media Council of Kenya chairman, Maina Muiruri, and three others as board members by ICT Cabinet Secretary William Kabogo, pending the hearing and determination of a petition challenging the appointments.
The Cabinet Secretary had appointed veteran journalist Maina Muiruri, Susan Karago, Timothy Wanyonyi, and Tabitha Mutemi to serve on the board for a three-year term starting July 25, 2025.
However, petitioners Issa Alenyi, Patrick Karani, and Paul Ngwenywo through their Counsel Peter Wanyama argued the appointments were made before the selection panel had concluded the vetting process for new board members.
While issuing the temporary orders halting their induction into office High Court Judge Justice Bahati Mwamuye dealt a big blow to the ICT Cabinet Secretary nominees that had been re-appointed via gazette notice dated 25th July 2025.
“Pending the inter parties hearing and determination of the Petitioners/Applicants’ Notice of Motion Application dated 04/08/2025, a conservatory order be and is hereby issued restraining the 2nd-5th Interested Parties, being Joseph Maina Muiruri, Susan Karago, Timothy Wanyonyi Chetambe, and Tabitha Mutemi from being sworn-in, taking oath/affirmation, or performing the functions of the offices of Chairperson and/or Board Members of the Media Council of Kenya,” Ruled Judge Mwamuye
In the petition, the applicants through Counsel Wanyama argued that the appointees by the Cabinet Secretary were still under consideration by the selection panel. And as such, they contended that Kabogo had violated the Media Council Act by proceeding with their reappointment.
“The Cabinet Secretary’s decision to appoint them before the Panel concludes the process patently violates the Media Council Act and short-circuits the process,” Cited Counsel Peter Wanyama
They further pointed out that the same gazette notice that announced the appointments also declared vacancies on the MCK board, an action they described as contradictory and irregular.
They further argued that Kabogo’s bypassing of the selection panel amounted to an egregious usurpation of the panel’s statutory mandate, set a dangerous precedent, and risked turning the MCK into a politically beholden entity.This, they said, would ultimately undermine Article 34 of the Constitution and pose a threat to the independence of the media sector.
In addition, the petitioners are asking the court to restrain MCK Chief Executive Officer David Omwoyo from making any decisions that require board approval during the pendency of the case.
