The High Court in Nairobi has issued a conservatory order suspending a controversial government directive that sought to muzzle live media coverage of the ongoing June 25th anti-government protests. The order was issued by Justice E.C. Mwita in response to an urgent petition filed by the Law Society of Kenya (LSK) against the State Law Office.
In a ruling delivered at the Milimani High Court under constitutional and human rights jurisdiction, Justice Mwita observed that the matter raised “fundamental constitutional questions” on the potential violation of the Bill of Rights, particularly freedom of expression and media.
Key Highlights of the Court Order:
- Suspension of Directive: The Court suspended with immediate effect any directive issued by the Communications Authority of Kenya (CA) — including one referenced as CA/CE/BC/TV90A — which had ordered all television and radio stations to cease live coverage of protests scheduled for June 25 or any similar demonstrations.
- Restoration of Broadcasts: The judge ordered that any broadcasting signals switched off due to the government directive must be restored immediately, pending further court orders.
- Pleadings and Timelines: The respondents (State Law Office and CAK) must file their responses within three days, with the petitioners allowed three additional days for a rejoinder if necessary. The matter will be heard further on July 2, 2025.
- Service and Publication: The court directed that all relevant pleadings be served electronically due to the urgency of the matter. Orders may also be published via live television broadcasts or newspapers.
- Warning on Non-Compliance: Justice Mwita warned that any disobedience or non-observance of the court’s order would lead to penal consequences, reinforcing the court’s protection of constitutional rights.
The Law Society of Kenya had challenged the legality of the media blackout, citing its impact on press freedom, public access to information, and transparency around citizen-led demonstrations.
This decision comes amid heightened national tension, as Kenyans — particularly youth-led movements — continue to protest against government policies, including new taxation laws and alleged police brutality.
The court ruling is a significant win for media houses, civil society, and protest organizers, as it reaffirms the judiciary’s role in upholding constitutional freedoms even in politically charged contexts.
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Posted by Law Society of Kenya on Wednesday, June 25, 2025