The High Court in Nairobi has issued a conservatory order suspending the directive by the Communications Authority of Kenya (CA) that sought to ban live television and radio coverage of ongoing protests. The ruling, delivered by Justice Chacha Mwita on June 25, comes amid heightened national tensions surrounding the anniversary of last year's deadly anti-Finance Bill protests and concerns over government attempts to control public narratives.
The CA's controversial directive had instructed all broadcasters to immediately halt live coverage of demonstrations, citing vague concerns over "public order and safety." This move had ignited a firestorm of criticism from media organizations, civil society groups, and human rights advocates, who swiftly condemned it as a blatant attack on constitutional freedoms and a dangerous attempt to impose a media blackout. Journalists had already reported injuries and some broadcasters had their signals shut down in the immediate aftermath of the CA's ban.
However, the Law Society of Kenya (LSK) wasted no time in challenging the CA's directive, filing a petition that argued it constituted a severe threat to both media freedom and the public's fundamental right to receive information. Justice Mwita, in his decisive ruling, underscored the gravity of the matter: "I am satisfied that [the pleadings] raise fundamental constitutional questions touching on potential violation of the Bill Of Rights in the Constitution and freedom of the Media calling for intervention by this court."
The conservatory order, which took immediate effect, specifically suspends the CA's directive Ref No. CA/CE/BC/TV90A, as well as any other similar instructions issued to television and radio stations prohibiting live coverage of the June 25, 2025 demonstrations or any future protests. This critical intervention temporarily restores the ability of media houses to provide real-time updates on public events, a crucial function in a democratic society.
In a move to reverse any immediate chilling effect of the CA's ban, the court explicitly directed that any broadcasting signals that had been switched off as a result of the directive be restored immediately. This ensures that the public can once again access vital information as events unfold, without facing artificial blackouts.
The legal proceedings are set to continue, with Justice Mwita directing all parties involved to file their responses within three days. The next directions for the case are scheduled for July 2, 2025. In a clear sign of the urgency and significant public interest surrounding this matter, Justice Mwita also allowed for the service of the court order via unconventional methods, including email, live television broadcasts, or even publication in newspapers, ensuring that the ruling reaches a wide audience swiftly.
This High Court intervention provides a much-needed reprieve for media houses and an important affirmation of constitutional rights in Kenya. It reinforces the judiciary's role as a guardian of fundamental freedoms, especially in times of heightened political tension. The battle for transparency and press freedom in Kenya is far from over, but Justice Mwita's ruling stands as a powerful reminder that the courts are prepared to defend the constitutional safeguards that protect the free flow of information and the public's right to know. As Kenyans continue to navigate the complexities of public assembly and government response, the ability of the media to report truthfully and without undue interference remains paramount.
