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| Communications Authority of Kenya |
The High Court has annulled a directive issued by the Communications Authority of Kenya (CA) that sought to stop media houses from broadcasting the June 25 public demonstrations live.
In a statement issued on Thursday, November 27, the Katiba Institute confirmed that the ruling followed a judicial review application it had filed, challenging the directive as unconstitutional.
The court agreed with the institute’s position, declaring that the CA’s order unlawfully interfered with media operations.
“The High Court has allowed our judicial review application challenging the unconstitutional directive issued by the Communication Authority of Kenya (CA) which had ordered all television and radio stations to cease live coverage of the June 25 public demonstrations,” the institute said.
Katiba Institute added that the court found the directive illegal and unconstitutional, quashed it entirely, and prohibited the CA or any other state agency from enforcing it.
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| CA Boss David Mugonyi |
The CA had issued the directive on Wednesday, June 25, instructing media houses to stop live coverage of the protests. In its letter, the authority argued that the broadcasts were contrary to Articles 33(2) and 34(1) of the Constitution and Section 461 of the Kenya Information and Communications Act, 1998.
“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,” the CA stated.
Following the order, some media houses reported that certain Free-to-Air signals had been switched off.
The directive drew widespread criticism, including from the Kenya Human Rights Commission (KHRC), which stated that the move aimed to block coverage of the #Justice4OurMashujaa protest and urged media houses to disregard the directive.
The High Court’s judgement means the directive cannot be enforced by any state agency.
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