Kaluma backs CA's ban on live protest coverage as Court suspends directive

Homa Bay Town MP Peter Kaluma/FILE

Homa Bay Town MP Peter Kaluma has expressed support for the Communications Authority of Kenya's (CA) decision to halt live coverage of the June 25, 2025, protests, saying the broadcasts risked fueling unrest and were contrary to constitutional limits on media freedoms.

In a statement on X, Kaluma said the CA’s move was in the interest of public safety and order.

“What we saw yesterday was not a demonstration under Article 37, but an insurrection,” Kaluma stated.

He claimed the media had played a role in escalating the situation witnessed in recent weeks.

CA had directed all television and radio stations to cease live coverage of the protests held on June 25, citing legal violations.

In a directive dated June 25, CA Director General David Mugonyi cited breaches of Articles 33(2) and 34(1) of the Constitution and Section 461 of the Kenya Information and Communications Act, 1998, as justification for the directive.

“The live coverage of the June 25, 2025, demonstrations is contrary to Articles 33(2) and 34(1) of the Constitution of Kenya and Section 461 of the Kenya Information and Communications Act,” the statement read.

Kaluma acknowledged that both demonstrations and media coverage are protected rights in Kenya’s Constitution, but emphasised that such freedoms have boundaries.

“All freedoms have limits and should not be used in a manner that incites violence,” he said.

He also raised concerns over the state of media regulation in the country.

Following CA’s directive, the Kenya Editors’ Guild (KEG) issued a strong statement criticising the ban on live broadcast coverage of the ongoing Gen Z protests.

KEG described the move as a violation of constitutional rights and press freedom.

“CA’s claim that it is acting under Articles 33 and 34 of the Constitution is legally and factually flawed,” KEG President Zubeidah Kananu said.

“These provisions protect free expression, with clear limits only on hate speech, incitement, and propaganda, not on responsible journalism. Live, factual reporting by licensed media is not a threat, it’s a civic duty.”

Later that evening, the High Court in Nairobi suspended the CA directive, pending a full hearing.

The order, issued by Justice Chacha Mwita on June 25, followed a petition filed by the Law Society of Kenya (LSK) challenging the directive.

“I am satisfied that [the pleadings] raise fundamental constitutional questions touching on potential violation of the Bill of Rights and media freedom, calling for intervention by this court,” Justice Mwita ruled.

“A conservatory order is hereby issued suspending, with immediate effect, the directive Ref No. CA/CE/BC/TV90A or any other directive issued by the Communications 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.”

The court further ordered any broadcasting signals that had been switched off as a result of the directive to be restored immediately, pending further directions.

All parties were directed to file their responses within three days.

The next mention of the case is scheduled for July 2, 2025.