High court nullifies ban on live protest broadcasts

Kenya's High Court has overturned a directive from the Communications Authority that prohibited media houses from airing live coverage of protests. The ruling, delivered by Justice John Chigiti, deems the order unlawful and unconstitutional, protecting key freedoms. This decision stems from a challenge filed against the authority's actions during June demonstrations.

On November 27, 2025, Justice John Chigiti of the High Court quashed a directive issued by the Communications Authority of Kenya (CA) that had banned live broadcasting of the June 25, 2025, demonstrations. The court ruled that the order violated constitutional provisions and issued a permanent prohibition against its enforcement by the CA or any state agency.

The legal challenge originated on June 25, 2025, when the Law Society of Kenya (LSK), Kenya Editors Guild (KEG), and Katiba Institute filed a petition. They contended that the CA's instructions infringed on Articles 33, 34, and 35 of the Constitution, which safeguard freedoms of expression, media, and access to information.

The CA, led by Director General David Mugonyi, had mandated all television and radio stations to cease live coverage immediately. In its statement, the authority asserted that such broadcasts contravened the Constitution and Section 461 of the Kenya Information and Communications Act, 1998. It warned of regulatory penalties for non-compliance and cited media failure to adhere to the Programming Code amid chaotic scenes.

Human rights advocates viewed the ban as an effort to conceal police actions and state overreach during the protests, which were linked to opposition against the Finance Bill 2024.

This verdict aligns with prior judicial protections for expression. In August 2024, the High Court required police to wear identifiable uniforms and nametags during demonstrations and barred obscuring vehicle markings. It also addressed complaints about masked officers detaining protesters.

The decision reinforces media independence, ensuring future coverage of public unrest without government interference.

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