Protesters take time off the protests to play football on the streets of Nairobi during the June 25 commemorative demonstrations. /DOUGLAS OKIDDY
The Law Society of Kenya alongside a coalition of civil society organisations have threatened immediate legal action against the Communications Authority of Kenya (CA), if the directive to halt live broadcast of ongoing protests is not withdrawn by 4pm.
In a joint statement, the groups which also comprise the Kenya Medical Association (KMA), and Police Reforms Working Group (PRWG), condemned the CA’s order, which instructs media houses to cease live coverage of the Gen Z-led demonstrations taking place across the country.
"Failure to abide by this directive will result in regulatory action," said CA Director General David Mugonyi, citing Articles 33(2) and 34(1) of the Constitution of Kenya and Section 461 of the Kenya Information and Communications Act, 1998, as the legal basis for the ban.
The organisations argue that the directive is a gross misinterpretation of constitutional provisions and a direct threat to fundamental freedoms, including media freedom and the right to information.
The statement highlights that the CA’s move is in contempt of a November 2024 court ruling, which declared the Authority’s previous interference with television programming unconstitutional, null, and void.
The court further clarified that the regulation of broadcast content is the exclusive mandate of the Media Council of Kenya.
“We place the CA and chief executive officer on notice that we will pursue both institutional and individual legal redress should this action not be reversed by 4pm today,” the coalition said.
“This directive is a dangerous step towards suppressing fundamental freedoms in Kenya.”
The coalition asserts that live coverage of protests, even those with isolated incidents of violence, does not constitute propaganda for war or incitement to violence.
Instead, they emphasise that live broadcasts are essential in a democratic society, providing citizens with real-time information, preventing misinformation, and supporting transparency.
The ban, they warn, is already impeding medical response and access to emergency healthcare for injured protesters, bystanders, and police, thereby violating the right to safety under Article 29 of the constitution.
The groups further argue that the media plays a crucial watchdog role, documenting the actions of both protesters and law enforcement.
“Live broadcasts can deter excessive force and human rights violations by ensuring that actions are witnessed and recorded, thus fostering accountability,” the statement reads.
They caution that shutting down live broadcasts and the internet risks creating an information blackout, which could only exacerbate an already fragile public order situation.
Additionally, the coalition notes that any attempt to shut down the internet would violate conservatory court orders issued in 2023, which found such actions unconstitutional and a threat to press freedom under Article 34.
The organisations have urged national media to adhere to the law and recent judicial rulings, and to continue keeping the public informed.
They also advised Kenyans to remain calm and consider downloading a VPN to maintain access to information in the event the internet is shut down.
The statement signed by the LSK, KMA, PRWG, and a broad alliance of human rights and civil society organisations committed to upholding constitutional freedoms and accountable policing.
