Court Halts Government Gag on Protest Broadcasts, Orders Signal Restoration

The High Court in Nairobi has issued a conservatory order temporarily suspending the directive by the Communications Authority of Kenya (CA) that barred live television and radio coverage of protests.

The ruling, delivered by Justice Chacha Mwita on June 25, comes in response to a petition filed by the Law Society of Kenya (LSK), which challenged the legality and constitutionality of the CA’s directive.

The CA had earlier instructed all broadcasters to cease live coverage of the June 25 protests and any similar demonstrations in future, citing concerns over public order and safety. The move was met with immediate backlash from media organizations, civil society, and press freedom advocates, who argued it was a direct assault on the right to information and freedom of the press.

In his ruling, Justice Mwita stated:

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

The court added:

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

Justice Mwita further directed that any broadcasting signals that had been switched off as a result of the directive must be restored immediately, pending further orders of the court.

To underscore the urgency and public interest involved, the court also allowed the order to be served via email, newspapers, or even through live television broadcasts.

All parties in the matter have been instructed to file their responses within three days, with the next court session scheduled for July 2, 2025.

This development comes amid growing national tensions over the right to protest, state control of information, and the media’s role in democracy. The High Court’s intervention ensures that live protest coverage can resume temporarily, pending a full hearing on the constitutionality of the CA’s directive.