Court Suspends CA Directive Barring Live Broadcast, Orders Immediate Restoration of Signals
- The High Court in Nairobi issued a conservatory order stopping the Communications Authority of Kenya (CA) from effecting its directive to bar media stations from broadcasting protests live
- Justice Chacha Mwita's order came after the Law Society of Kenya rushed to court to object to the CA directive
- The CA directed the local media outlets to desist from airing events on the streets and went ahead to switch off the transmission signals of the stations carrying out the broadcasts
The Law Society of Kenya (LSK) has secured a conservatory order lifting the ban on Kenyan media houses to air protests live.
Source: Facebook
The LSK quickly sued the Attorney General after a directive from the Communications Authority of Kenya (CA) barring media outlets from broadcasting the events on the streets while citing contravention of the constitution.
In a bid to enforce the directive, the CA dispatched its enforcement officers to stations' transmission infrastructures, shutting down the signals.
Why LSK rushed to court against CA
The LSK protested the move by CA in court, saying it was "punitive, arbitrary and illegal", seeking the reinstatement of the signals and live broadcast rights for the stations.
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The High Court granted the prayers sought, albeit temporarily, ahead of the determination of the matter.
Justice Chacha Mwita found the CA to have erred in its directive, saying "I am satisfied that the LSK raised 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."
"It is hereby ordered that the directive, REF NO. CA/CE/BC/TV90A or any other directive issued by the 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," added Justice Mwita.
The case will be up for mention on July 2 for further directions.
Justice Chacha directed the parties to file their respective correspondence within three days after the issuance of the order.
Source: Twitter
The judge instructed the CA to reinstate the signals of the media stations shut down on Wednesday "with immediate effect, pending further orders of the court."
The judge warned the authority against failure to comply with his orders, cautioning that "any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person and not observing the same."
Why CA directed Kenyan stations to stop airing protests live
The authority's directive came at the height of the protests on Wednesday, when the major broadcast stations were airing the events.
According to the CA, giving coverage to the protests was unconstitutional.
The agency said "the live coverage of the June 25th, 2025 demonstrations are contrary to Articles 33(2) and 34(1) of the Constitution of Kenya and Section 461 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. The Authority looks forward to your continued cooperation."
The authority threatened the non-compliant media houses with "regulatory actions", going ahead to close their signals.
The move sparked uproar among the stations, with KTN, owned by the Standard Media Group vowing to continue with their coverage regardless of the directive.
Proofreading by Jackson Otukho, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
