The High Court has issued conservatory orders temporarily freezing the swearing-in and assumption of office by four individuals recently appointed to the Media Council of Kenya, including Chairperson Joseph Maina Muiruri.
Justice Bahati Mwamuye issued the orders in response to a constitutional petition filed by Issa Elanyi, Patrick Karani, and Paul Ngeywo.
In his ruling, Justice Mwamuye directed that the implementation and further effect of the Gazette notices be halted until the petition is heard and determined.
Specifically, the court barred the four appointees from being sworn in, taking an oath, or exercising any powers or functions associated with the offices to which they were appointed.
“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 legality and constitutionality of the appointments, which were gazetted by ICT Cabinet Secretary William Kabogo on July 25, 2025, under Gazette Notices No. 10091 and 10092.
Also affected by the court order are Susan Karago, Timothy Wanyonyi Chetambe, and Tabitha Mutemi, who had been appointed to serve as members of the Media Council’s governing board.
The petitioners claim that the appointment process lacked sufficient public participation and did not adhere to constitutional and statutory procedures outlined in the Media Council Act.
They further argue that the selection panel responsible for shortlisting candidates was not properly constituted.
According to the petition, this could undermine the independence required of a media regulatory body.
“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 are asking the court to ensure the appointments comply with constitutional and legal requirements.
The court scheduled a virtual hearing for September 9, 2025, to consider the petitioners’ notice of motion dated August 4.
Submissions are to be filed by September 5 and limited to four pages.
