JOINT STATEMENT: Statement on the Communications Authority’s Directive to Halt Live Broadcast of Protests and potential shut down of the internet for 56 million Kenyans.

Nairobi, Wednesday, June 25, 2025: The Law Society if Kenya, Police Reforms Working Group and Kenya Medical Association express grave concern over the directive by the Communications Authority of Kenya) directing Kenyan media houses to cease live broadcasts of ongoing protests, citing violations of Article 33(2) of the Kenyan Constitution.

This directive is a misinterpretation of constitutional provisions and a dangerous step towards suppressing fundamental freedoms in Kenya. It is also in contempt of the November 2024 Court ruling that found the CA’s previous interference with television programming unconstitutional, null and void and that regulation is the legal preserve of the Media Council of Kenya.

We assert that the live broadcast of peaceful protests, and even those that may involve sporadic acts of violence by a few individuals, does not inherently constitute propaganda for war or incitement to violence. 

On the contrary, live broadcasts serve a crucial role in a democratic society. Live coverage provides citizens with information about events as they unfold, enabling them to make informed decisions and understand the evolving situation. This transparency is vital in preventing the spread of misinformation and rumours. The current ban is already affecting our medical response and access to emergency health care for the injured, protesters, bystanders and police. It further violates the right to safety (Article 29).

We remind the CA, that the media acts as a watchdog, documenting the actions of both 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.

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). Court held that such threats were unconstitutional and posed a danger to press freedom contrary to article 34 of the Constitution of Kenya 2010.

We urge the Communications Authority to immediately withdraw this directive and uphold its mandate to protect media freedom and the public’s right to access information. We place the CA and Chief Executive Officer on notice that we will pursue both institutional and individual legal redress should this action not be reversed by 4pm today.

We urge national media stations to remain guided by Kenyan law and recent judicial rulings as well as keep Kenyans informed to prevent atrocities under the cover of a ban. Kenyans are advised to remain calm and download a VPN.

ENDS

FIDA-Kenya Media Contact – Mark Owuor Otieno – owuorm@fidakenya.org 

This statement is signed by the Kenya Medical Association, Law Society of Kenya and the Police Reforms Working Group, an alliance of national and grassroots organizations committed to professional, accountable, and human rights-compliant policing. They include: Independent Medico-Legal Unit (IMLU), Kariobangi Paralegal Network, Katiba Institute, Defenders Coalition, Social Justice Centres Working Group (SJCW), Kenyan Section of the International Commission of Jurists (ICJ Kenya), International Justice Mission (IJM-K), HAKI Africa, Amnesty International Kenya, Women Empowerment Link, Social Welfare Development Program (SOWED), Kenya Human Rights Commission (KHRC), Federation of Women Lawyers (FIDA- Kenya), International Centre for Transitional Justice (ICTJ – Kenya), Transparency International Kenya, Shield For justice, Wangu Kanja Foundation, Constitution and Reform Education Consortium (CRECO), Kenyans for Peace, Truth and Justice (KPTJ) and Peace Brigades yInternational Kenya (PBI Kenya).