The High Court has temporarily halted the swearing-in of new board members of the Media Council of Kenya (MCK) following the filing of a petition challenging the appointments. The court issued conservatory orders barring Joseph Maina Muiruri, Susan Karago, Timothy Wanyonyi Chetambe, and Tabitha Mutemi from assuming their roles as chairperson and board members of the MCK.
The court’s directive was issued pending the hearing and determination of a petition filed on August 4, 2025. The petitioners Issa Chamao, Karani Ekirapa, and Ngweywo Kirui challenged the appointments made by the Cabinet Secretary for Information, Communications and the Digital Economy. They cited violations of constitutional provisions, including Articles 10, 27(1), 47, and 201(d), and breaches of Section 7(2) of the Media Council Act, 2013.
The court has also suspended the implementation of Kenya Gazette Notices No. 10091 and No. 10092, both dated July 25, 2025, which had formalized the appointments. According to the petitioners, the recruitment process began in 2023 when the CS declared vacancies in the MCK board. A selection panel was formed as required by law to oversee the recruitment process.
However, the selection process was stalled after two petitions were filed challenging the legality of the selection panel and certain sections of the Media Council Act. The High Court had issued conservatory orders halting the recruitment until the issues raised were resolved. Those petitions were eventually dismissed on June 20, 2025, after a full hearing.
The petitioners argue that following the court’s decision, the selection panel having used public resources should have been allowed to complete the recruitment process. Instead, the CS appointed individuals to the board unilaterally on July 25, 2025.
The court has directed the petitioners to serve all respondents and interested parties with the application, petition, and the court order by close of business on August 6, 2025. The respondents must file their responses by August 22, and both sides are required to submit skeleton written submissions, not exceeding four pages, by September 5, 2025. The matter is scheduled for virtual hearing on September 9, 2025, at 11:00 am.
