Court Halts Swearing-In Of CS Kabogo’s MCK Nominees
The High Court has granted conservatory orders, temporarily blocking the swearing-in and assumption of office of four newly appointed members of Kenya’s Media Council, including Chairperson Joseph Maina Muiruri.
Justice Bahati Mwamuye made the instructions in response to a constitutional appeal filed by Issa Elanyi, Patrick Karani, and Paul Ngeywo.
Justice Mwamuye ordered that the execution and continued effect of the Gazette notices be suspended until the petition is heard and adjudicated.
The court specifically prohibited the four appointees from being sworn in, taking an oath, or performing any responsibilities or activities associated with the positions to which they were nominated.
“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 as set out under the Media Council Act,” the court ordered.
The petitioners are challenging the legitimacy and constitutionality of the appointments, which were announced by ICT Cabinet Secretary William Kabogo on July 25, 2025, via Gazette Notices Nos. 10091 and 10092.
The High Court has blocked the swearing-in of Maina Muiruri, three others as chairman and members of the Media Council of Kenya (MCK), pending a case challenging their reappointment.
— Thika Town Today – 3T (@ThikaTowntoday) August 6, 2025
The petition challenged the reappointment process led by ICT Cabinet Secretary William Kabogo. pic.twitter.com/L2nAQhFrFe
The court ruling also affects Susan Karago, Timothy Wanyonyi Chetambe, and Tabitha Mutemi, who were appointed to the Media Council’s governing board.
The petitioners argue that the appointment process lacked adequate public engagement and did not follow the constitutional and legislative standards provided in the Media Council Act.
They further allege that the selection panel in charge of shortlisting candidates was not properly formed.
According to the petition, this could jeopardize the independence required of a media regulator.
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“The Cabinet Secretary’s decision to appoint persons whose candidature is still under consideration by the selection panel, and to do so before the panel concludes its work, patently violates the Media Council Act and short-circuits the legal process,” the court documents state.
The petitioners seek the court to guarantee that the nominations meet constitutional and legal standards.
The court set a virtual hearing for September 9, 2025, to evaluate the petitioners’ notice of motion dated August 4.
Submissions are due by September 5 and must be no more than four pages long.
Court Halts Swearing-In Of CS Kabogo’s MCK Nominees
