Trans mission wave of NTV. CA switched off KTN and K24, for defying the directive of livestreaming the Gen Z protests. Photo: NTV.
Wednesday 25 protests witnessed the government’s attempt to infringe on the rights of media houses, after ordering stop of live coverage of the Gen Z led protests across the country.
The Gen Zs were marching in honour of their colleagues who were killed on June 24 2024, after invading Parliament during the Anti-Finance Bill protests.
After live streaming the protests from morning, the Communication Authority of Kenya (CA), directed that all radios and televisions to stop the coverage, as it was contrary to Articles 33(2) and 34(1) of the Constitution, as well as Section 461 of the Kenya Information and Communication Act of 1998.
Kenya Editors Guild (KEG) President Zubeidah Kananu condemned CA, arguing that the directive is a gross violation of the Constitution and an attack to the freedom of the press and public accountability. According to KEG, the articles cited by CA protect free expression and is limited to incitement and hate speech.
“These provisions protect free expression, with clear limits only on hate speech, incitement and propaganda, not on responsible journalism. Live factual reporting by licensed media is not a threat, it’s a civic duty,” Kananu clarified.
She faulted CA for ignoring the ruling made by the High Court in 2023, where the Court restrained CA from interfering with live media broadcasts.
KEG laid a number of demands including immediate withdrawal of their directive, respect the judicial orders, protect the public’s right to know, support independent journalism and oversight reform.
The Law Society of Kenya (LSK) President Faith Odhiambo, stated that the directive is unconstitutional, and a clear indicator of the National Government using state institutions to infringe on the freedom of the press.
“The directive by the CA Kenya is an absolute nullity in law and an affront to fundamental rights espoused in and guaranteed by the Constitution. Our statutory institutions are established to facilitate the full realisation of our constitutional ethos, not to be conduits of obliterating the laws that make us a democratic society. We urge our media fraternity that they are under no obligation whatsoever to adhere to the distasteful and illegal directive by CA,” she stated.
DAP-K leader Eugene Wamalwa condemned the act, arguing that the President William Ruto wants to rule the country in dictatorship, and unleash terror on unarmed Gen Z protesters.
“This is dictatorship of the worst kind and a total violation of constitutional rights of Kenyans including their right to information under article 35 and freedom of the Media which is guaranteed under article 34 of our constitution as the cornerstone of our Democracy. Does he want to unleash the Military which we are aware is on standby at Nyayo stadium Nairobi on his fellow citizens, or the State sponsored goons who are already mobilized?” Wamalwa questioned.
Wiper Party leader Kalonzo Musyoka said the directive by CA is unconstitutional and dishonest, as right of the press is clearly articulated in Article 35, with yesterday events not contravening any laws cited by CA.
“Article 34(1) guarantees freedom of the media. Article 35 further guarantees the right of access to information. These constitutional rights are not suggestions. They are the law. The CA’s attempt to censor live coverage of today’s protests under the guise of legality is both dishonest and unconstitutional,” he said.
Amnesty International argued that the CA directive further intimidates the rights of Kenyans to access factual, accurate and verified information.
“The CA Kenya has directed Kenyan media to halt live protest broadcasts and hinted at an internet shutdown. This is an illegal, dangerous attack on press freedom, public safety, and he right to information. We demand the immediate withdrawal of this unconstitutional directive,” they stated.
The directive argued by a majority as a move by the Kenya Kwanza regime, to take the country back to the dark days associated with late president Daniel Moi, when the media freedom was censored.
