High Court strikes out LSK petition against CA on live coverage ban

By , July 3, 2026

A Milimani High Court has struck out a petition filed by the Law Society of Kenya (LSK) against the Communications Authority of Kenya (CA) over a directive it issued barring media houses from covering June 25, 2025, protests live and the alleged shutdown of broadcast signals.

In striking out the petition, Justice Rosylene Aburili, on Friday, July 3, 2026, stated that she has found that the directive which is under challenge in the LSK petition is the same directive which was challenged in the Judicial Review Division.

Judge Aburili further noted that on November 27, 2025, Justice John Chigiti quashed the CA directive that required all radio and television stations not to cover the June 25, 2026, protests live.

She also stated that Judge Chigiti also prohibited the Director General of CA, David Mugonyi; CA; and the Attorney General (AG) from implementing or enforcing the decision of June 25, 2025, as contained in memo ref. No. CA/CE/BC/TV 90 A.

The court noted that the petitioner (LSK) acknowledged that, indeed, their petition is the same thing that the Judicial Review Division Court issued a judgement on and has the same effect that the Constitutional and Human Rights Division Court would have.

“If the court were to allow the petition, the effect would be essentially to quash the role of such a barrier, and once it is quashed, even prohibition is not necessary,” Judge Aburili ruled.

Further, she noted that the court cannot answer the same question of whether the respondents (CA Director General, CA, and the AG) had the authority because the Judicial Review Court answered the same question, saying they had no authority, thus quashing the directive.

“So I have struck out the petition on account that the decision has already been rendered by a court of competent jurisdiction,” Justice Aburili ruled.

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