The High Court has issued conservatory orders temporarily halting the swearing-in of Joseph Maina Muiruri as Chairperson of the Media Council of Kenya (MCK), alongside three other recently appointed council members. The appointments, made by ICT Cabinet Secretary William Kabogo and gazetted on July 25, 2025, are now under legal scrutiny following a constitutional petition.
Justice Bahati Mwamuye granted the orders on Tuesday, August 6, in response to a petition filed by Issa Elanyi, Patrick Karani, and Paul Ngeywo. The petition challenges the legality and constitutionality of the appointments, citing irregularities in the process.
In the ruling, Justice Mwamuye directed that the implementation and effect of Gazette Notices No. 10091 and 10092 be suspended pending a full hearing of the case. “Pending the hearing and determination of this application, a conservatory order be and is hereby issued restraining the 2nd to 5th Interested Parties from being sworn in, taking an oath/affirmation or performing the functions of the Chairperson or member of the Media Council of Kenya,” the court stated.
Also affected by the suspension are Susan Karago, Timothy Wanyonyi Chetambe, and Tabitha Mutemi, who had been appointed as members of the MCK governing board.
The petitioners argue that the appointment process failed to adhere to constitutional requirements, particularly regarding public participation and the proper constitution of the selection panel. They claim that the appointments were made prematurely, before the selection panel concluded its shortlisting and vetting of candidates.
“The Cabinet Secretary’s decision to appoint persons whose candidature is still under consideration by the selection panel…patently violates the Media Council Act and short-circuits the legal process,” reads part of the petition.
The petitioners are urging the court to ensure that any appointments to the MCK comply with the constitutional and statutory frameworks that safeguard media independence.
A virtual court hearing has been scheduled for September 9, 2025. Submissions by all parties must be filed by September 5 and are to be limited to four pages.
