High Court stops swearing-in of Media Council board members appointed by CS Kabogo
Petitioners Issa Alenyi, Patrick Karani, and Paul Ngwenywo argued in court that the appointments were made before the selection panel had concluded the vetting process for new board members.
The High Court has halted the swearing-in of four individuals appointed to the Media Council of Kenya (MCK) board by ICT Cabinet Secretary William Kabogo, pending the hearing and determination of a petition challenging the appointments.
The CS had appointed veteran journalist Maina Muiruri, Susan Karago, Timothy Wanyonyi, and Tabitha Mutemi to serve on the board for a three-year term starting July 25, 2025.
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However, petitioners Issa Alenyi, Patrick Karani, and Paul Ngwenywo argued in court that the appointments were made before the selection panel had concluded the vetting process for new board members.
“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 petitioners stated in court documents.
They contended that, under the Media Council Act 2023, the selection panel is mandated to invite applications, conduct interviews, and recommend suitable candidates to the CS for appointment as chairperson and board members.
According to the petitioners, public funds were used to support the selection panel’s operations, yet the individuals appointed by the CS did not emerge from the panel’s process.
They noted that the panel was on the verge of concluding its work in 2023 when two separate legal cases were filed by James Mutahi and Robert Ochieng, causing delays.
“The CS cannot act on his initiative. He is legally bound to consider only the names forwarded to him by the panel,” they argued.
They further pointed out that the same gazette notice that announced the appointments also declared vacancies on the MCK board, an action they described as contradictory and irregular.
The petitioners alleged that the appointments set a dangerous precedent, enabling a Cabinet Secretary to install politically loyal or aligned individuals to key positions.
They also argued that qualified Kenyans who had applied, or intended to apply, were unjustly denied the opportunity to be considered.
As such, Alenyi, Karani, and Ngwenywo sought a court order to suspend the gazette notice until the case is fully heard and determined.
They also want the court to bar Muiruri, Karago, Wanyonyi, and Mutemi from taking the oath of office or performing any board-related functions.
In addition, the petitioners are asking the court to restrain MCK Chief Executive Officer David Omwoyo from making any decisions that require board approval during the pendency of the case.
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