Court Halts Swearing-in of New Media Council of Kenya Board Members Pending Petition
The High Court has issued a conservatory order stopping the swearing-in of four newly appointed members of the Media Council of Kenya (MCK) board, pending the outcome of a petition challenging the legality of their appointments.
Justice L.N. Mugambi issued the orders following an urgent application seeking to suspend the appointments made by Cabinet Secretary for Information, Communications, and the Digital Economy, William Kabogo.
The CS had, through a gazette notice, appointed veteran journalist Maina Muiruri, Susan Karago, Timothy Wanyonyi, and Tabitha Mutemi to serve on the MCK board for a three-year term.
The petitioners argue that the appointments were made in contravention of the Media Council Act and lacked transparency, public participation, and due process. They also allege that some of the individuals appointed have conflicts of interest or do not meet the qualifications set out in the law governing appointments to the Council.
In issuing the interim orders, Justice Mugambi noted that the petition raised serious constitutional and legal issues that warrant a full hearing.
“Pending the hearing and determination of this petition, a conservatory order is hereby issued suspending the swearing-in and assumption of office by the individuals appointed,” the court ruled.
The Media Council of Kenya is a statutory body mandated to regulate media practice in the country, uphold press freedom, and ensure ethical standards in journalism. Its board is composed of representatives from media stakeholders, including journalists, media owners, the public, and government appointees.
This legal challenge raises questions about the independence of the Council and the government’s role in the appointment process. Civil society groups, media professionals, and press freedom advocates have welcomed the court’s intervention, terming it a step toward safeguarding the integrity of the media regulator.
The case is scheduled for mention on August 21, 2025, when the court will give further directions. Meanwhile, the functions of the MCK board will continue to be handled by the existing members until the legal process is concluded.
