NAIROBI, Kenya — In a significant victory for press freedom and public access to information, the High Court sitting in Milimani has issued a conservatory order immediately suspending a directive from the Communications Authority of Kenya (CA) that sought to bar television and radio stations from broadcasting live footage of the ongoing anti-government demonstrations.
Justice Chacha Mwita, in his ruling, deemed the CA’s directive potentially unconstitutional, ordering its immediate suspension pending the full hearing and determination of a petition challenging its legality.
The court order explicitly states: “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.”
Justice Mwita further mandated that any broadcasting signals that may have been switched off following the implementation of the directive be restored without delay.
The CA’s directive had instructed all broadcasters to cease live coverage of the June 25th protests, citing unspecified security concerns.
However, organizations including Katiba Institute and the Kenya Human Rights Commission had swiftly moved to challenge this directive, arguing that it violated fundamental constitutional rights, including freedom of expression and the public’s right to information.
To ensure broad public awareness, the High Court also permitted the service of the court order via email, live television broadcasts, or publication in newspapers.
This judicial intervention comes amidst escalating criticism from civil society and media stakeholders, who have consistently accused the government of attempts to suppress press freedom and deny citizens access to real-time information, particularly during periods of public unrest.