Court freezes hiring of new Media Council of Kenya board

Justice Chacha Mwita. [File, Standard] The High Court in Nairobi has frozen the appointment of the Media Council of Kenya board. Justice Chacha Mwita directed the parties sued, including ICT Cabinet Secretary William Kabogo, MCK, veteran journalist Maina Muiruri, Susan Karago, Timothy Wanyonyi and Tabitha Mutemi to respond to the case by August 22, in readiness for a hearing on September 9, 2025. In the meantime, they will have to wait for court's outcome. "Pending the inter partes hearing and determination of the Petitioners/Applicants' Notice of Motion Application dated 4/8/2025, a conservatory order be and is hereby issued restraining the 2nd - 5th Interested Parties being Joseph Maina Muiruri, Susan Karago, Timothy Wanyonyi Chetambe, and Tabitha Mutemi from being sworn-in, taking oath/affirmation, or performing functions of the offices of Chairperson and/or Board Members of the Media Council of Kenya," he ruled. Kabogo appointed the four to serve for three years from July 25, 2025. However, Issa Alenyi, Patrick Karani and Paul Ngwenywo filed the case before the High Court claiming Mr Kabogo appointed the four before the selection panel processed applications for new board members. Their lawyer Peter Wanyama stated that the selection panel was required by the Media Council Act, 2023, to invite applicants, interview them and recommend names to the CS for appointment. According to him, taxpayers spent money to fund the selection panel. Nevertheless, he argued that the team appointed by the CS did not emanate from the panel. "The Cabinet Secretary's decision to appoint persons whose candidature is still being considered by selection panel. The Cabinet Secretary's decision to appoint them before panel concludes the process patently violates the Media Council Act and sort circuits the process," he argued. The lawyer said the CS cannot act on his own motion. Instead, Wanyama argued that he is bound by the law to consider the names forwarded to him. Wanyama claimed the same gazette notice that appointed the four declared vacancies to the same board. He asserted that the two decisions published in the same notice are a contradiction. "It is markedly ironic that the Cabinet Secretary purports to appoint members of the council for three years term and on the other hand he declared the positions vacant and commences a recruitment process to fill the very same position he has appointed," the lawyer claimed. Wanyama alleged that the appointments set a bad precedent, as a CS can decide to appoint persons who are politically correct or owing allegiance to him. He said Kenyans who applied and intended to apply have been denied a chance to do so. Alenyi, Ngwenywo and Karani want the court to suspend the gazette notice until the case is heard and determined.

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Court freezes hiring of new Media Council of Kenya board

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