The High Court in Milimani has issued a conservatory order suspending the controversial directive by the Communications Authority of Kenya (CA) that barred television and radio stations from broadcasting the June 25 protests live. The order also compels the immediate restoration of any broadcasting signals that were switched off under the directive.
What Did the Court Rule?
Justice Chacha Mwita declared that the directive, Ref No. CA/CE/BC/TV90A was potentially unconstitutional. In his order, he stated:
“A conservatory order is HEREBY ISSUED, suspending, with immediate effect, the DIRECTIVE Ref No. CA/CE/BC/TV90A, or any other directive issued by the Communications 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.”
This means media houses can resume broadcasting protest coverage until the court determines whether the CA’s actions were lawful.
Why Was the Ban Suspended?
The CA had earlier directed all broadcasters to halt live transmission of the protests, citing unspecified security concerns. However, the High Court found that the directive could infringe on constitutional freedoms, particularly media freedom and the public’s right to information.
Justice Mwita emphasized that the suspension of live coverage was a matter of public interest and ordered that any affected broadcasting signals be restored without delay. He further instructed that the ruling be shared widely through email, newspapers, or live TV, ensuring public awareness.
What’s the Reaction?
This ruling follows heavy criticism from the Kenya Editors’ Guild, Law Society of Kenya, and other civil society organizations, who had condemned the CA’s order as a clear violation of Articles 33, 34, and 35 of the Constitution. These articles safeguard freedom of expression, press freedom, and the right to access information.
By Yockshard Enyendi
