Media houses, lawyers, lobby groups and human rights defenders yesterday protested the order by the government to ban live broadcasts of Gen Z protests. 

In separate statements sent to newsrooms, the groups termed the order which led to a number of media houses being shut down as retrogressive and unconstitutional. 

K24, NTV and KTN were among those that were shut down. 

The groups including Media Council of Kenya (MCK), Kenya Media Sector Working Group (KMSWG), Africa Uncensored, Kenya Editors Guild (KEG), Kenya Medical Association (KMA), Law Society of Kenya (LSK), Police Reforms Working Group (PRWG) and an alliance of national and grassroots organisations said the order issued by the Communications Authority (CA) violates Article 33(2) of the Kenyan Constitution. 

The outcry came after Communications Authority Director General David Mugonyi banned live coverage, saying this is contrary to Articles 33(2) and 34(1) of the Constitution of Kenya and Section 461 of the Kenya Information and Communications Act, 1998. 

Reads the statement: “This is therefore to direct all television and radio stations to stop any live coverage of the demonstrations forthwith. Failure to abide by this directive will result in regulatory action as stipulated in the Kenya Information and Communications Act, 1998. The Authority looks forward to your continued cooperation.” 

CA’s decision is, however, contrary to the High Court ruling that barred it from banning live coverage, terming it a threat of state censorship of media under the guise of content regulation. 

Justice Lawrence Mugambi in 2024 declared the Broadcast Code for broadcast media as prescribed by CA unconstitutional, and clarified that the regulation of the content is a duty of MCK. 

Reads the judgment: “In the instant case, it is obviously the (MCK) under the Media Council Act, which the Act states was enacted to give effect to Article 34 (5) of the Constitution,” stated the judge.” 

And in its statement, MCK came to the defence of Journalists and media practitioners, saying they have a professional responsibility to frame public interest issues appropriately. 

In a statement signed by the Chief Executive Officer, David Omwoyo, the council said it respects the editorial independence and professional judgement of media managers and editors in covering such national issues. 

Dangerous step 

However, it reminded the media not to frame the protests in a manner that glorifies violence, traumatises the nation or intrudes into grief, as the section of the Code on Accuracy and Fairness stipulates that all subjects of news coverage must be treated with respect and dignity. 

KMA, LSK, PRWG, and national and grassroots organisations said the CA directive is not only a misinterpretation of constitutional provisions and a dangerous step towards suppressing fundamental freedoms in Kenya but also in contempt of the November 2024 Court ruling that found the CA’s previous interference with television programming unconstitutional, null and void. 

In their statement, the entities that called for the immediate withdrawal of the order supported the live broadcasts, saying they serve a crucial role in a democratic society as they provide live information to citizens about events as they unfold, enabling them to make informed decisions and understand the evolving situation. 

This transparency, they said, is vital in preventing the spread of misinformation and rumours. 

Reads the statement: “We remind the CA that the media acts as a watchdog, documenting the actions of protesters and law enforcement. Live broadcasts can deter excessive force and human rights violations by ensuring that actions are witnessed and recorded, thus fostering accountability. Shutting down live broadcasts of protests and the internet under the guise of preventing propaganda for war or incitement to violence is a dangerous precedent. It risks creating an information blackout that will only exacerbate an already fragile public order situation.” 

Gross violation 

It adds: “Shutting down the internet will contravene the conservancy orders filed against CA in 2023 (Kenya Editors Guild & Others v. Communications Authority of Kenya & Others) (2023). The court held that such threats were unconstitutional and posed a danger to press freedom contrary to Article 34 of the Constitution of Kenya.” 

KEG condemned CA’s directive, terming it a gross violation of the Constitution and an affront to press freedom and public accountability. 

It said that the directive is an affront against the 2023 High Court ruling that reinforced that no government agency may impose prior restraint on the press. 

Reads the statement: “CA’s claim that it is acting under Articles 33 and 34 of the Constitution is legally and factually flawed. These provisions protect free expression, with clear limits only on hate speech, incitement, and propaganda—not on responsible journalism. Live, factual reporting by licensed media is not a threat—it’s a civic duty.” 

KMSWG said the notice by CA not only threatens the sustainability of responsible journalism but also risks eroding the media’s ability to fulfil its duty to society. 

Reads the report: “Furthermore, the CA is constitutionally obligated to ensure uninterrupted internet access, which is a fundamental right under Articles 33 (freedom of expression), 35 (access to information), and related provisions of the Constitution. Any attempt to disrupt internet services undermines these rights and contravenes the rule of law.” 

Former Chief Justice Willy Mutunga also opposed CA directive, saying: “Where’s the evidence that those provisions have been breached?. What about Article 37 and the robust jurisprudence that decrees how the constitution is to be interpreted? CA thinks our constitution allows this fascist interpretive approach.” 

Senior Counsel Paul Muite said live coverage of the ongoing peaceful demonstrations pursuant to Media Freedom. 

He said, “Article 34 is not incitement to violence. Kenyans not in the demonstrations need to be kept fully abreast by the media through live coverage.”   

The High Court on June 25, 2025, rescinded CA’s ban on live coverage.