Constitutional crises now rocks Media Council of Kenya (MCK) as Nairobi highcourt issues a controversial stay order baring the swearing in of the chairperson and it’s board members pending the inter partes hearing and determination of a petition filed on August 4, 2025.
The stern order issued by Justice Bahati Mwamuye restrains Joseph Maina Muiruri, Susan Karago, Timothy Wanyonyi Chetambe, and Tabitha Mutemi from being sworn in to assume and conduct their duties as the board members of MCK.
“Pending the inter partes hearing and determination of the petitioners’ notice of motion application date of August 4, 2025, a conservatory order is hereby issued restraining Joseph Maina Muiruri, Susan Karago, Timothy Wanyonyi Chetambe, and Tabitha Mutemi from being sworn in, taking oath or performing the functions of the offices of Chairperson and board members of the Media Council of Kenya,” ordered Mwamuye.
In addition ,the Justice as well declared a conservatory stay order on the implementation of Kenya Gazette Notice No. 10091 of 2025 and Kenya Gazette Notice No. 10092 of 2025, both dated July 25, 2025 following a petition filed by Issa Chamao, Karani Ekirapa and Ngweywo Kirui .
The plaintiffs were challanging the decision by the Information, Communications and the Digital Economy Cabinet Secretary to appoint the members of the board, citing not only serious violation of Articles 10, 27 (1), 47 and 201 (d) of the constitution but also severe breach of section 7 (2) of the Media Council Act 2013.
Issa Chamao and his team indicated that in 2023, the Communications Cabinet Secretary declared vacancies in the board.However, the selection of thepanel was unlawfully constituted as required by the Media Council Act. This compelled them to file two cases challenging the constitutionality of the selection and composition of the panelists .
The Court now schedules the matter to be heard virtually on September 9, 2025, at 11:00 am .
