Two major human rights organizations have filed a lawsuit against the government, challenging the decision by the Communications Authority of Kenya (CA) to block live coverage of ongoing protests and shut down free-to-air TV signals for KTN, NTV, and Citizen TV.
In a joint statement issued on Wednesday, June 25, the Katiba Institute and the Kenya Human Rights Commission (KHRC) announced that they had filed an urgent judicial review application at the High Court in Nairobi.
The goal of the application is to challenge what they described as an unconstitutional directive from the CA.
“Today, Katiba Institute and the Kenya Human Rights Commission have filed an urgent Judicial Review Application before the High Court in Nairobi to contest the illegal order given by the Communications Authority of Kenya.
This order directed all television and radio stations to immediately stop broadcasting live coverage of public protests,” the statement read in part.
The two groups pointed out that soon after the directive was issued, security officers raided several major broadcast transmission stations belonging to Citizen TV, KTN, and NTV. These raids led to the forced shutdown of their free-to-air signals, effectively cutting off public access to live coverage of the demonstrations.
According to the organizations, the CA also threatened to punish broadcasters who did not comply with the order, including revoking their licenses.
In their court application, the human rights defenders argued that the directive violated several fundamental rights protected by the Kenyan Constitution. These include the freedom of expression, the freedom of the media, and the right to access information as provided under Articles 33, 34, and 35 of the Constitution.
They also stated that the order violated the public’s right to fair administrative action and due process, which are guaranteed under Article 47 of the Constitution and the Fair Administrative Action Act.
In addition, the groups highlighted that the directive went against previous court rulings, such as Republic v. Chiloba (2023) and Kenya Union of Journalists v. CAK (2024). These rulings had already established that the Communications Authority does not have legal powers to regulate broadcast content, a mandate that belongs to the Media Council of Kenya according to the Constitution.
Because of these serious violations, the Katiba Institute and KHRC asked the High Court to urgently grant three conservatory orders:
- Suspend the directive issued by the Communications Authority.
- Compel the immediate restoration of free-to-air TV and radio broadcasts.
- Bar any enforcement of the CA’s order going forward.
The statement emphasized the importance of press freedom and the right to protest in a democratic society like Kenya. “Freedom of the press and the right to peaceful assembly are cornerstones of any democracy.
Silencing the media does not just infringe on journalists’ rights—it also denies the public the right to be informed and to hold leaders accountable. We urge the judiciary to act urgently to uphold the Constitution and protect the public’s interest,” the statement added.
Soon after the controversial directive was made public, government agents stormed the Limuru transmission station, cutting off the free-to-air signals of top media stations including Citizen TV, NTV, and KTN.
This crackdown came after the TV stations continued to provide live coverage of nationwide protests, despite pressure from the authorities to stop.
However, while the free-to-air services were disabled, many Kenyans continued to watch the live protest coverage through social media platforms and satellite TV services, which remain unaffected by the ban.
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