The High Court has stopped the swearing-in of four individuals recently appointed to the Media Council of Kenya (MCK) board by ICT Cabinet Secretary William Kabogo, pending the outcome of a legal challenge.
Justice Bahati Mwamuye issued conservatory orders restraining the appointees veteran journalist Maina Muiruri (Chairperson), Susan Karago, Timothy Wanyonyi Chetambe, and Tabitha Mutemi from assuming office until the petition is heard and determined. The ruling blocks their induction following a gazette notice dated July 25, 2025, which announced their three-year appointments effective the same date.
The petitioners, Issa Alenyi, Patrick Karani, and Paul Ngwenywo, through lawyer Peter Wanyama, argue that the appointments were made before the statutory selection panel had concluded its vetting process for new board members. According to the Media Council Act, the panel is mandated to recommend qualified candidates to the Cabinet Secretary for formal appointment.
Counsel Wanyama contends that Kabogo’s move “patently violates the Media Council Act” by bypassing the selection process. The petitioners further claim the same gazette notice that confirmed the appointments also declared board vacancies, a move they described as “contradictory and irregular.”
They argue that bypassing the selection panel not only undermines the statutory process but also sets a dangerous precedent that could erode the independence of the media sector, in violation of Article 34 of the Constitution, which guarantees media freedom.
The court papers warn that the Cabinet Secretary’s actions risk turning the MCK into a politically influenced body, compromising its watchdog role.
Additionally, the petitioners have sought orders restraining MCK Chief Executive Officer David Omwoyo from making any decisions requiring board approval while the matter is before the court.
In his ruling, Justice Mwamuye directed that, “Pending the inter partes hearing and determination of the Notice of Motion dated 04/08/2025, the appointees are barred from being sworn-in, taking oath or affirmation, or performing the functions of the offices of Chairperson and/or Board Members of the Media Council of Kenya.”
The case is expected to test the legal safeguards around appointments to independent constitutional bodies, with significant implications for the autonomy and governance of Kenya’s media sector.
