On 25 June, the CA issued a directive ordering television and radio stations to stop the live broadcasting of anti-government protests, citing “national security and public order concerns”. Some media houses, which were broadcasting the demonstrations live, were taken off air by the regulatory agency.
Following the CA’s directive, the Media Sector Working Group stated that the move was a clear breach of Article 34 of the Kenyan Constitution, as well as of a recent High Court judgement safeguarding media independence. “We are perturbed by the consistent violation of the Constitution and court decisions by the Communication Authority of Kenya (CA),” noted a statement by the court.
The coalition of media organisations warned that the CA’s directive not only threatens the sustainability of responsible journalism, but also attempts to erode the media’s responsibility in a landscape where reporting is protected and not undermined by political pressures: “It is for this reason that we are calling upon all media houses to defy this directive and continue with their normal programing without fear.”
According to local media reports, in a letter dated 26 June and addressed to all licensed broadcasters, the director general of the CA, David Mugonyi, confirmed that the directive was being lifted with immediate effect. The reports also indicated that a court ruling, by Justice Chacha Mwita, suspended the CA’s directive. The ruling said that the directive “raised significant constitutional concerns regarding media freedom and public access to information”. The court decision also ordered all broadcasting signals to be restored nationwide with immediate effect.
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During the course of anti-government protests in eKenya, media reports indicated that at least 16 people have been killed and 400 injured. Journalist Ruth Sarmwei of NTV Kenya was hit by a rubber bullet. The KUJ, together with the members of the Media Sector Working Group, condemned the attack and urged the security forces to respect the rights of journalists and citizens alike.
IFJ General Secretary Anthony Bellanger welcomed the uplifting of the ban on live media coverage, calling it a victory for media freedom and respect for the rule of law: “The directive was illegal in the first place, as it undermined media freedom and the citizen’s right to receive and seek information, as enshrined in the Kenyan Constitution. The media must be allowed to carry out its duties, without any form of fear or intimidation from government institutions or the security forces. Journalists and media workers must be allowed to fulfil their professional duties and keep reporting on issues in the public interest.”
The IFJ condemns in the strongest terms the shooting of journalist Ruth Sarmwei. It also calls on the Kenyan authorities to take all necessary measures to guarantee the safety of journalists covering the demonstrations, and to prosecute security officials who attack media workers”.