Attempt to muzzle the media aborts, High Court suspend ban on live protest coverage, orders restoration of switched-off signals
The High Court sitting in Nairobi’s Milimani has invalidated government attempt to muzzle the media and has issued a conservatory order suspending a directive by the Communications Authority of Kenya (CA) that sought to bar television and radio stations from broadcasting live footage of the ongoing anti-government demonstrations.
“A conservatory order is hereby issued suspending, with immediate effect, the directive Ref No. CA/CE/BC/TV90A, or any other directive issued by the Communications Authority of Kenya to all television and radio stations directing them to stop live coverage of the demonstrations of 25th June 2025, or any other demonstrations, until the hearing and determination of the application and petition,” reads the court order.
The directive from CA had instructed all broadcasters to cease live coverage of the June 25th protests, citing undisclosed security concerns.
However, in its ruling, the court found the directive potentially unconstitutional and ordered its immediate suspension pending the hearing and determination of a petition challenging its legality.
Justice Chacha Mwita further directed that any broadcasting signals that may have been switched off following the implementation of the directive be restored without delay.
The court also permitted service of the court order via email, live television broadcasts, or publication in newspapers to ensure broad public awareness.
This development comes amid growing criticism from civil society and media stakeholders, who have accused the government of suppressing press freedom and denying the public access to information.
Meanwhile, Katiba Institute, a lobby group filed a petition before the High Court over the action by the Inspector General of Police Douglas Kanja in barricading the Nairobi Central Business District, barring protesters from getting to the City Centre.
In a statement to the press, Katiba said the decision by the police to block roads leading into and within Nairobi CBD using barbed wire and police barriers is unconstitutional.
“This urgent petition arises from the police’s decision today to barricade roads leading into and within Nairobi’s Central Business District (CBD) using barbed wire and police blockades.
These actions, undertaken without notice, aim to prevent people from exercising their rights to demonstrate and picket as enshrined in Articles 37 and 39 of the Constitution,” the statement read in part.
The Institution has highlighted several court orders that have previously barred the police from banning demos in the Nairobi City Centre.
Katiba has argued that by making such moves, rights and freedoms guaranteed under the Constitution are being suspended without any legal basis.
Additionally, it argued that blocking of roads without advance notice or consultation amounts to a breach of Article 47 on fair administrative action.
Katiba Institute further warned that such actions threaten to roll back the constitutional order, undermine democracy, human rights, and the rule of law.
In their filing, the body is asking the court to urgently intervene and put an end to infringements of rights to protest.
“Katiba Institute seeks urgent conservatory orders requiring the removal of barricades unreasonably limiting the right to protest and compelling the Inspector General to provide timely notices before any non-emergency road closures. The Petition also seeks a permanent prohibition against the unlawful limitation of the rights to protest and movement,” they added.
The petition by Katiba comes after roadblocks were placed across the major roads leading to the Nairobi CBD by the police in a move to curb protesters marking the first anniversary of the young people killed during the 2024 anti-finance bill protests.
Key roads affected include Jogoo Road, Thika Road, Limuru Road, Kiambu Road, and Mombasa Road.
On Jogoo Road, a road Block has been erected at the City Stadium Roundabout. On Limuru Road, the Police have blocked the road near the Israel Embassy, while on Kiambu Road, a roadblock has been placed near the Runda Mall.
For Mombasa Road, the road block has been placed near the Jomo Kenyatta International Airport (JKIA).
Transport has also been paralyzed along Ngong Road as police officers have been reported temporarily stopping motorists as those headed to the City Centre were forced to alight for a security check, while drivers are being asked to produce their requisite documents.
The traffic checks are believed to be part of the government’s efforts to manage the protests, which are being held to mark one year since the anti-Finance Bill demonstrations that led to the deaths of 63 young Kenyans, while dozens are reported still missing.
The police went ahead to use a Sharp wire razor to block the roads leading to the Nairobi State House and the National Assembly.
