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Post Reply: High Court Blocks Swearing-In of MCK Chair Maina Muiruri After Re-Appointment by Kabogo

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on August 6, 2025, 10:00 am</div><div id="pl-7394"  class="panel-layout" ><div id="pg-7394-0"  class="panel-grid panel-no-style" ><div id="pgc-7394-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7394-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">The High Court has issued an order halting the swearing-in of Maina Muiruri as the chairperson of the Media Council of Kenya (MCK) along with three other board members, following their re-appointment by Cabinet Secretary for Information, Communications, and the Digital Economy, William Kabogo. The decision comes in response to a petition filed by Issa Alenyi, Patrick Karani, and Paul Ngwenywo, who challenged the legality of the appointments, arguing that they bypassed the required selection process outlined in the Media Council Act of 2023.</p>
<p dir="ltr">On July 25, 2025, Kabogo announced the re-appointment of Maina Muiruri, Susan Karago, Timothy Wanyonyi, and Tabitha Mutemi to the MCK board through a gazette notice, each to serve a three-year term. This move was intended to resolve a two-year stalemate that left the MCK without a functional board since October 2022, when the term of the previous board expired. However, the petitioners contend that the appointments were made prematurely, before a mandated selection panel could review applications and recommend candidates, as required by law.</p>
<p dir="ltr">The petitioners, represented by lawyer Peter Wanyama, argued that the selection process for new board members involves inviting applications, conducting interviews, and recommending names to the Cabinet Secretary for appointment. They claim that Kabogo’s decision to appoint the four individuals circumvented this process, denying other applicants a fair opportunity to compete for the positions. Wanyama further highlighted that public funds were used to establish the selection panel, making the appointments not only procedurally flawed but also a misuse of taxpayer money.</p>
<p dir="ltr">In their court filing, Alenyi, Ngwenywo, and Karani sought several remedies. They requested the suspension of the July 25 gazette notice until the case is fully heard and determined. Additionally, they asked the court to prevent Muiruri, Karago, Wanyonyi, and Mutemi from taking their oath of office or performing any duties related to the MCK board. The petitioners also urged the court to bar MCK Chief Executive Officer David Omwoyo from making major decisions requiring board approval until the legal dispute is resolved.</p>
<p dir="ltr">The High Court’s ruling temporarily blocks the re-appointed members from assuming their roles, pending the outcome of the case. The petitioners’ lawyer emphasized the importance of adhering to the legal framework governing the MCK, arguing that the premature appointments undermine transparency and fairness in the selection process. The court’s decision marks a significant development in the ongoing dispute over the governance of the MCK, an institution responsible for regulating Kenya’s media industry.</p>
<p dir="ltr">Maina Muiruri, a veteran journalist and former managing editor of People Daily, was first appointed as MCK chairperson in 2019 by then-ICT Cabinet Secretary Joe Mucheru. His leadership saw the MCK navigate the media industry through the challenges of the COVID-19 pandemic, during which the council provided relief packages, including cash and in-kind support, to community and rural-based radio stations. Muiruri’s tenure also included the expansion of MCK’s regional presence with new offices in Mombasa, Kisumu, Nakuru, Meru, and Eldoret, as well as efforts to establish press clubs across major towns in Kenya.</p>
<p dir="ltr">The re-appointment of Muiruri and the three other board members was seen as an attempt to restore stability to the MCK, which had been without a board since 2022. The stalemate began when former ICT Cabinet Secretary Eliud Owalo declined to re-appoint eligible board members, instead declaring all eight board positions vacant, a move that conflicted with the Media Council Act’s requirement to re-appoint at least four members and fill remaining positions competitively. Kabogo’s decision to re-appoint the four was intended to address this issue, but the legal challenge has now cast uncertainty over the process.</p>
<p dir="ltr">In a separate gazette notice issued on July 25, 2025, Kabogo announced four additional board vacancies, which are to be filled through a competitive process overseen by a selection panel to be appointed within seven days. This move indicates an effort to comply with the legal requirements for board appointments, but the ongoing court case may delay the reconstitution of the full MCK board.</p>
<p dir="ltr">The lawsuit names the ICT Cabinet Secretary, the MCK CEO, and the Attorney General as respondents, reflecting the broader implications of the case for government accountability and adherence to legal processes. The petitioners’ call to bar the MCK CEO from making significant decisions underscores concerns about the council’s operations during this transitional period.</p>
<p dir="ltr">As the case awaits a full hearing, the High Court’s interim order highlights the importance of upholding procedural integrity in public appointments. The outcome of this legal battle will likely shape the governance of the MCK and could set a precedent for how similar disputes are handled in Kenya’s public institutions. For now, the swearing-in of Maina Muiruri and his fellow board members remains on hold, leaving the future of the MCK’s leadership in limbo.</p>
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