High Court temporarily halts swearing in of new MCK board members
A Nairobi High Court has issued temporary orders barring the swearing in to office of the chairman and board members of the Media Council of Kenya (MCK), pending the inter partes hearing and determination of a petition filed on August 4, 2025.
Justice Bahati Mwamuye has restrained Joseph Maina Muiruri, Susan Karago, Timothy Wanyonyi Chetambe, and Tabitha Mutemi from being sworn in and assuming their duties as the board members of MCK.
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“Pending the inter partes hearing and determination of the petitioners’ notice of motion application date of August 4, 2025, a conservatory order is hereby issued restraining the 2nd-5th (Joseph Maina Muiruri, Susan Karago, Timothy Wanyonyi Chetambe, and Tabitha Mutemi) from being sworn in, taking oath or performing the functions of the offices of Chairperson and board members of the Media Council of Kenya,” Justice Mwamuye ordered.
Further, Justice Mwamuye has also issued a conservatory order staying the implementation of Kenya Gazette Notice No. 10091 of 2025 and Kenya Gazette Notice No. 10092 of 2025, both dated July 25, 2025.
Issa Chamao, Karani Ekirapa and Ngweywo Kirui filed a petition challenging the decision by the Information, Communications and the Digital Economy Cabinet Secretary to appoint the members to the board, citing flagrant violation of Articles 10, 27 (1), 47 and 201 (d) of the constitution and severe breach of section 7 (2) of the Media Council Act 2013.
The petitioners note that in 2023, the Communications Cabinet Secretary declared vacancies in the board, and a selection panel was constituted as required by the Media Council Act to invite applicants, interview them, and recommend names to the CS.
However, when the panel was about to conclude the process of the recruitment of the chairperson and board members, two cases were filed challenging the constitutionality of the selection panel’s composition and some sections of the Media Council Act.
Conservatory orders
The High Court then issued conservatory orders to stop the completion of the recruitment process and to enquire into the allegations in the two petitions filed, which the Court proceeded to consolidate. The petitions were later heard on their merits and dismissed on June 20, 2025.
According to the petitioners, they expected that after the delivery of the judgement, the selection panel (that had expended significant public funds in its work) would complete the process and select persons for appointment by the Cabinet Secretary.
However, they state that it did not happen, and the Cabinet Secretary proceeded to appoint some individuals on July 25, 2025, via a gazette notice No. 10091 of 2025, to serve the MCK board for three years.
Justice Mwamuye has directed the petitioners in the matter to serve the respondents and the interested parties with the application, petition, and the court order immediately and file an affidavit of service in that regard by close of business on Wednesday, August 6, 2025.
The respondents and the interested parties have been directed to enter an appearance and file and serve their respective responses to both the application and the petition by close of business on August 22, 2025.
Notably, the court directed the parties to file and serve their respective skeleton written submissions with respect to the petitioner’s notice of motion application dated August 4, 2025, by close of business on September 5, 2025, and the skeleton written submissions shall be limited to four pages.
The matter will be heard on September 9, 2025, at 11:00 am virtually.
