The battle over the Media Council of Kenya (MCK) board appointment by ICT Cabinet Secretary William Kabogo has landed in court.

The CS appointed veteran journalist Maina Muiruri, Susan Karago, Timothy Wanyonyi and Tabitha Mutemi to serve for a period of three years from 25 July 2025.

However, Issa Alenyi, Patrick Karani and Paul Ngwenywo, in a case filed before the High Court, claimed that Kabogo appointed the four before the selection panel conducted the process of reviewing 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 as chair and members.

According to him, taxpayers’ money was used to fund the selection panel.

Nevertheless, he argued that the team appointed by the CS did not emanate from the panel.

He stated that the panel was about to conclude the process in 2023 when James Mutahi and Robert Ochieng separately filed two cases.

According to him, Mutahi and Ochieng were challenging the constitutionality of the panel. The court halted the process until 20 June 2025, when it dismissed the twin cases.

“The Cabinet Secretary’s decision to appoint persons whose candidature is still being considered by the selection panel, and to do so before the panel concludes the process, patently violates the Media Council Act and short-circuits the process,” argued Wanyama.

The lawyer said that the CS cannot act on his own motion. Instead, he is bound by law to consider the names forwarded to him.

Wanyama claimed that the same gazette notice that appointed the four also declared vacancies on the same board.

He asserted that the two decisions published in the same notice contradict each other.

“It is markedly ironic that the Cabinet Secretary purports to appoint members of the council for a three-year term and, on the other hand, declares the positions vacant and commences a recruitment process to fill the very same positions he has appointed,” the lawyer claimed.

Wanyama alleged that the appointments set a bad precedent, whereby a CS can appoint individuals who are politically aligned or loyal to him.

At the same time, he said Kenyans who applied, or 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.

They are also asking the court to bar Maina, Karago, Wanyonyi and Mutemi from taking the oath of office or performing any board-related duties.

At the same time, they want the court to bar MCK Chief Executive Officer David Omwoyo from making decisions that require board approval.

“It is also important that, pending the resolution of this matter in court, the Chief Executive Officer of the Media Council of Kenya should be prohibited from making all major decisions of the council that require board approval,” argued Wanyama.

Those sued are the ICT CS, the MCK CEO, and the Attorney General. Meanwhile, the selection panel, Maina, Karago and Wanyonyi are named as interested parties.