The Communications Authority of Kenya (CA) has issued a directive requiring all television and radio stations to stop live coverage of the ongoing June 25 protests immediately.
According to the order statement, signed by Director General David Mugonyi, CA warns that broadcasting the demonstrations live contravenes Articles 33(2) and 34(1) of the Constitution of Kenya and Section 46I of the Kenya Information and Communications Act, 1998 (KICA).
Non-compliance, the CA cautioned, will attract regulatory sanctions.
“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,” reads part of the statement.
CA is citing Article 33 (2) of Kenya’s Constitution to back its order. This article clarifies that while Kenyans have the right to free expression, it doesn’t extend to propaganda for war, incitement to violence, or hate speech.
Section 46I of KICA covers the responsibilities of broadcasters and touches on conditions for license revocation.
African Uncensored, a Kenyan-based media house, immediately condemned the directive. In a statement, the media house stated, “Media coverage of protests is essential for accountability, transparency, and the protection of fundamental rights.”
High Court Ruling on Protest Broadcasting
This latest move by the regulator echoes a similar stance in March 2023, when, under Director General Ezra Chiloba, it accused six media houses, including Citizen TV and NTV, of violating the Programming Code during live coverage of opposition protests.
The Communications Authority had argued that the coverage of protests risked creating public alarm and endangering peace.
That 2023 order triggered a legal challenge. The Katiba Institute, Law Society of Kenya, Kenya Union of Journalists, and Kenya Editors Guild successfully petitioned the High Court of Kenya, arguing that the authority’s actions were unconstitutional and infringed on media freedom, freedom of expression, and access to information.
The High Court ruled in their favour, declaring the decision unlawful and ordering its revocation within 24 hours.
Read: Communications Authority Ordered to Review Unconstitutional Regulations
The court’s decision emphasized that any state actions affecting constitutional rights need to be based on explicit, legal justifications, not unclear or random rationales.
Today’s order will likely reignite discussions about how to balance national security with freedom of the press.
