Ban on live coverage: Court orders Kenya govt to switch back TV , Radio Stations


NAIROBI.

The High Court of Kenya has ordered the government to immediately switch on all TV and Radio stations whose live signals were put off during the ongoing countrywide protests.


The ban issued by the Communications Authority of Kenya (CA) on Wednesday comes amid escalating demonstrations by young people across the country, marking the first anniversary of last year’s Gen Z protests, which expressed discontent over economic policies and governance issues.

TV stations like NTV Kenya suffered the wrath of CA and by Wednesday afternoon its live signal had already been switched off – a decision that was widely condemned by human rights activists and media practitioners in Kenya .


In a court injunction issued by Justice EC Mwita on Wednesday evening , the judge observed that the directive by CA was in violation of the Bill of Rights in the Constitution and freedom of the Media .


“…a conservatory order hereby issued suspending ,with immediate effect , the directive REF. No. CA/CE/BC/TV90A or any other directive issued by Communication Authority of Kenya to all Television and Radio Stations directing them to stop live coverage of the demonstrations of 25th June 2025 or any other demonstrations, until the hearing and determination of the application and petition ,” the judge ruled


Justice Mwita also ordered that any broadcasting signals that may have been switched off as a result of the CA directive be restored with immediate effect ,” he added

The Protests which provoked CA ban had by Wednesday noon spread to at least 20 counties, including the cities of Nairobi, Mombasa, Nakuru and Kisumu.


“The live coverage of the June 25th, 2025 demonstrations are contrary to Articles 33(2) and 34(1) of Constitution of Kenya and Section 46I of the Kenya Information and Communications Act, 1998.


“This is therefore to direct all television and radio stations to stop any live coverage of the demonstrations forthwith. Failure to abide by this directive will result in regulatory action as stipulated in the Kenya Information and Communications Act 1998,” CA director-general David Mugonyi said.


The CA’s action effectively restricts real-time public access to visual and audio coverage of the protests, limiting the dissemination of the unfolding events.


“CA’s claim that it is acting under Articles 33 and 34 of the Constitution is legally and factually flawed. These provisions protect free expression, with clear limits only on hate speech, incitement, and propaganda—not on responsible journalism. Live, factual reporting by licensed media is not a threat—it’s a civic duty,” Kenya Editors Guild (KEG) said in a statement on Wednesday.


Article 33(2) states that: “The right to freedom of expression does not extend to— (a) propaganda for war; (b) incitement to violence; (c) hate speech; or (d) advocacy of hatred that— (i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or (ii) is based on any ground of discrimination.”


Article 34(1) states: “Freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to any expression specified in Article 33 (2).”


Section 46I of the KICA Act states that, among others things, “All licensed broadcasters shall (a) provide responsible and responsive programming that caters for the varied needs and susceptibilities of different sections of the Kenyan community;
“(e) when controversial or contentious issues of public interest are discussed, make reasonable efforts to present alternative points of view, either in the same programme or in other programmes within the period of current interest.”


According to the editors’ lobby, the CA directive defies a 2023 High Court ruling that restrained the regulator from interfering with live media broadcasts.


“This is not just a policy misstep; it’s a deliberate assault on media independence and judicial authority,” said KEG president Zubeidah Kananu. “Live, accurate reporting is not a threat to peace — it is a pillar of democracy.”


The guild has demanded the immediate withdrawal of the directive and urged Parliament and Judiciary to investigate the CA’s defiance of court orders.
KEG has also called on media outlets to stand firm, report responsibly and seek legal recourse where necessary.

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