Court extends orders barring CA from gagging media houses

The High Court has extended orders barring the Communication Authority of Kenya from switching off media for covering protests live.

Justice Chacha Mwita said his orders meant CA should hold its horses until the case filed by the Law Society of Kenya (LSK) and the Kenya Editors Guild (KEG) is heard and determined.

“The orders are extended until the case is heard and determined,” he ruled yesterday.

LSK and KEG argued that CA had violated the Constitution by demanding that all TV and radio stations cease broadcasting events during the commemoration of Gen-Z’s 2024 protests.

In response, CA Director General David Mugonyi, claimed the decision to switch off was prompted by the media’s ‘depiction of violence as something to be celebrated.’

He alleged there was unbalanced commentary by guests invited by the TV channels. He said his orders were meant to protect trauma victims and children from scenes of violence.

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He also claimed that live broadcast was inciting citizens to violence and advocating for hatred. “The directive was, therefore, informed by the fact that the broadcast of live demonstration was inciting the citizenry to violence and was advocating for hatred. These are aspects that were supposed to be filtered-out using the profanity delay mechanism. The directive did not ban all media coverage, but only live coverage of demonstrations. Media houses could still report through delayed broadcasts, digital platforms or post-event analysis.

Although Mugonyi hinged his directive on the Kenya Information and Communication Act, 1998, he argued that it aligned with 2013’s Kenya Information and Communications Act, Cap 41A, which gives the Media Council of Kenya (MCK) powers to regulate media and content aired or published. A separate case was filed by the Kenya Union of Journalists (KUJ) and the Media Lawyers Association (MLA).

The court heard that the decision to suspend live transmission violated the right to information and the International Covenant on Civil and Political Rights. In their case before the same judge, they claimed the agency chaired by Mary Wambui also violated freedom of expression, media freedom, and transparency. The court heard that although Mugonyi cited the law, he did not disclose which part of the broadcast the media houses had violated.

KUJ and MLA accused CA of overreach. The two argued that the State agency had no powers or authority to dictate how any media house conducts its programming. The cases will be mentioned on October 27, 2025.