Court Extends Ban on TV Shutdown as Media Freedom Case Continues
The High Court has once again stopped the Communications Authority of Kenya (CA) from blocking media houses from broadcasting live coverage of public protests.
During a court session held on Wednesday, July 2, Justice Chacha Mwita ruled that the orders stopping CA’s directive will remain in effect.
He set the next hearing date for October 27, 2025. This extension allows the case to proceed until the court fully hears and decides on the petitions filed by the Law Society of Kenya (LSK), the Kenya Editors Guild (KEG), and the Katiba Institute.
The case began on June 25, when the three organizations filed a legal challenge against the CA’s move to stop live coverage of the ongoing demonstrations and to shut down free-to-air broadcast signals.
A joint statement released that day explained that the Katiba Institute (KI) and the Kenya Human Rights Commission (KHRC) had submitted an urgent judicial review application at the High Court in Nairobi.
The application questioned the legality of CA’s order, which demanded that all TV and radio stations stop airing the protests live.
The petitioners argued that the directive by CA violated key constitutional freedoms guaranteed to Kenyan citizens. These include the right to freedom of expression (Article 33), freedom of the media (Article 34), and access to information (Article 35) as stated in the Constitution of Kenya.
Additionally, they claimed that the order went against the principles of fair administrative action and due process outlined in Article 47 of the Constitution and the Fair Administrative Action Act.
This issue drew more attention after the Milimani High Court, on June 26, temporarily blocked part of the directive involving the CA, the State Law Office, and the Katiba Institute.
Justice John Chigiti, who made the ruling, confirmed that the petition filed on June 25 had been accepted as urgent and deserved immediate attention.
Justice Chigiti’s decision stopped the CA from implementing its ban on live media coverage and also barred the police from setting up barricades in Nairobi’s Central Business District (CBD).
He emphasized the importance of protecting the rights of media outlets and citizens to report on and participate in public protests.
Furthermore, he ordered that no broadcasting licenses should be revoked during this legal process and that citizens should be allowed to assemble and move freely without unnecessary police interference.
Justice Chigiti made it clear that the court recognizes the critical role of freedom of speech, peaceful assembly, and access to the media in a democratic society.
He also told the legal teams involved that the case must be handled quickly, given its serious impact on public rights and constitutional freedoms.
In his ruling, Justice Chigiti emphasized that any limitations on media coverage or public movement must not be enforced until all parties have had a chance to present their arguments in court.
The court will only make a final decision after full hearings are held and every side is fairly heard.
This ongoing case has sparked national debate about the government’s role in regulating media during protests, with many civil society groups defending the right of the public to be informed in real-time.
The outcome could have a significant impact on the future of media freedom and constitutional rights in Kenya.
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