The High Court has ordered the Communications Authority of Kenya (CA) to restore signals to three independent TV stations switched off after defying a controversial order to cease live broadcasts of anti-government protests.
Justice Chacha Mwita on Wednesday evening directed the CA to immediately restore NTV, KTN and K24 signals following an application by the Law Society of Kenya (LSK) and Kenya Editors Guild (KEG).
“I am satisfied that they raise fundamental constitutional questions touching on potential violation of the Bill of Rights in the Constitution and freedom of the media,” ruled Justice Mwita.
Viewers of the three TV stations were thrown into an information blackout after policemen accompanied by CA officials forcibly switched off their signals Wednesday afternoon.
The Nation Media Group (NMG) condemned the CA for what it termed an “unconstitutional” shutdown of its television station, NTV.
The broadcaster, in a statement, said the authority’s directive amounted to state censorship and a blatant violation of constitutional protections guaranteed to the media.
The signal switch-off, which occurred against the backdrop of nationwide anti-government protests, followed an advisory irregularly posted on social media by the CA.
The directive instructed all television and radio stations to cease live coverage of the demonstrations, which saw tens of thousands of Kenyans take to the streets to commemorate protesters killed in demonstrations against the 2024 Finance Bill and other governance concerns.
“This action has been taken without due process, following an advisory on social media by the Authority…The shutdown of NTV is therefore a direct interference with our editorial operations and a suppression of the media’s constitutionally protected role to inform the public,” NMG said.
At the time of the shutdown, NTV was broadcasting live footage of the protests' coverage that NMG maintains was responsible and in the public interest.
Executive overreach
"The CA's action is futile, clearly illegal, and an executive overreach. The Group must seek legal redress together with other stakeholders. Last year on June 25 when Gen Z were demonstrating and breached Parliament grounds the police shot more than 60 youths. That was a pure massacre and the nation is mourning. More than any other time, and given the trigger-happy reputation of our police when handling demos, it is vital that the public be informed of what is happening on the streets. It is our duty to do so. This could save lives. Press freedom is enshrined in our constitution and any attempt to gag the media must be resisted firmly in defence of democracy," said NMG Board Chairman Wilfred Kiboro in a statement.
The company cited Article 34(2) of the Constitution which expressly bars the State from exercising control over or interfering with the operations of media houses including broadcasting or the dissemination of information.
“The State shall not exercise control over or interfere with any person engaged in broadcasting,” the statement read.
The group also said that only the Media Council of Kenya (MCK) has the legal mandate to regulate broadcast content, a position reaffirmed by a recent High Court ruling. NMG stressed that according to that ruling, regulatory authority over broadcast content lies solely with the MCK.
Legal action
In response to the signal switch-off, NMG announced plans to take legal action against the authority insisting that any allegations of media misconduct should be addressed through legally established channels and not through arbitrary directives.
“There are established mechanisms for addressing any allegations of unprofessional media conduct—mechanisms that the CA or any aggrieved party should utilise to seek appropriate redress,” the company added.
The shutdown comes amid growing concerns over government overreach and suppression of civil liberties. Civil society groups and press freedom advocates have raised alarm over what they see as increased attempts to curtail freedom of expression both online and in traditional media.
Despite the blackout, NMG has urged its viewers to continue watching NTV’s live coverage through YouTube and other digital platforms.
“Transparency and integrity are key tenets of our duty to the public, and we will not be deterred in our mission to report truthfully,” it said.
This is not the first time the State has threatened or carried out the shutdown of media outlets.
During the Gen Z-led anti-Finance Bill protests in 2024, the CA issued threats to take TV stations off-air for airing footage of protesters breaching Parliament in Nairobi.
In January 2018, several TV stations—including NTV, KTN, and Citizen TV—were shut down shortly after airing the symbolic swearing-in of opposition leader Raila Odinga, who was the National Super Alliance’s flagbearer, as the “people’s president.”
Uproar
Uproar greeted the government directive in which the CA Director-General David Mugonyi cited Articles 33(2) and 34(1) of the Constitution and Section 461 of the Kenya Information and Communications Act, 1998 as the legal basis for the directive.
Senior Counsel Paul Muite criticised the Authority saying the directive contravenes Article 34 of the Constitution, which protects media freedom.
“Live coverage of peaceful demonstrations is not incitement to violence. Kenyans not participating in the protests deserve to be informed of developments in real-time,” Mr Muite said.
He also referenced a 2023 judicial review ruling by Justice John Chigiti, which held that the CA had violated Article 34 regarding its interference with live coverage of the March 20, 2023 demonstrations.
In a landmark November 2024 ruling, the High Court declared unconstitutional several sections of law granting the CA sweeping powers over media content. Justice Lawrence Mugambi nullified the broadcasting code prescribed by the Authority, saying the regulation of media content is the mandate of the Media Council of Kenya (MCK).
“In this case, it is clear that the MCK, under the Media Council Act, is the institution mandated to give effect to Article 34(5) of the Constitution,” the court ruled.
The Standard Group also questioned the legality of the directive vowing to continue coverage in the public interest.
“We are consulting our lawyers to determine the legality of this order, which seems intended to plunge the country into a news blackout. Meanwhile, we will continue broadcasting until the legal position is confirmed,” the company stated.
The Kenya Media Sector Working Group termed the directive unconstitutional and without legal standing.
“This violates Article 34 of the Constitution and the recent High Court ruling affirming that CA lacks authority to regulate media content — a mandate reserved for the Media Council of Kenya,” the Group said.
In line with the court ruling, the group urged the CA to respect internet freedom and media rights and called on media houses to defy the “illegal directive,” continue broadcasting and resist intimidation.
“As professional journalists, we believe that switching off the media is not a solution to the country’s current issues. Such outdated and unproductive actions will only worsen the situation,” the statement concluded.
The KEG also condemned the directive calling it a gross violation of the Constitution and an attack on press freedom and public accountability.
“CA’s claim that it is acting under Articles 33 and 34 of the Constitution is legally and factually flawed. These provisions protect free expression, limiting only hate speech, incitement, and propaganda — not factual, responsible journalism,” said KEG President Zubeidah Kananu.
