The High Court has declared unconstitutional the government’s attempt to block live media coverage of the June 25 protests, restoring both press freedom and public access to information. Justice John Chigiti issued the judgment on Thursday, nullifying the Communications Authority of Kenya’s order and preventing any state agency from enforcing it.
“The High Court has allowed our judicial review application challenging the unconstitutional directive issued by the CA Kenya, which had ordered all television and radio stations to cease live coverage of the June 25 public demonstrations,” the Katiba Institute stated following the ruling.
“The judge found the directive illegal and unconstitutional, quashed it in its entirety, and prohibited the Communications Authority and any other state agency from enforcing it.”
The case came after police raids disrupted the transmission sites of Citizen TV, NTV, and KTN, leading to a suspension of free-to-air services. The CA had warned that defiance of its directive could result in penalties, including revocation of broadcasting licenses.
In their petition, the Katiba Institute and the Kenya Human Rights Commission (KHRC) argued that the order breached constitutional guarantees on expression, media freedom, and the right to information under Articles 33, 34, and 35.
They also highlighted violations of the right to fair administrative action and due process, as protected under Article 47 and the Fair Administrative Action Act.
The applicants noted that the CA’s directive was inconsistent with prior court decisions, including Republic v Chiloba (2023) and Kenya Union of Journalists v CAK (2024), which confirmed that regulating broadcast content is the responsibility of the Media Council of Kenya, not the CA.
“The gag order endangers democratic accountability, allows unchecked police violence, and erodes Kenya’s constitutional order,” the Katiba Institute and KHRC emphasized in a joint statement.
The original directive, issued by CA Director General David Mugonyi, claimed that airing the protests violated the Constitution and section 461 of the Kenya Information and Communications Act. “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,” it stated.
Rights groups had condemned the move, arguing it sought to hide police misconduct and state abuses. Following the directive, the CA carried out raids, including at the Limuru transmission station, interrupting free-to-air broadcasts for major TV stations. Nonetheless, coverage continued online and through satellite television.
The court’s decision now safeguards live media reporting of public events, ensuring that authorities cannot block real-time coverage of demonstrations in the future and reinforcing protections for both journalists and the public.
