Kenya Law Society, Civil Society Condemn Communications Authority’s Ban on Gen Z Protest Media Coverage

The Law Society of Kenya and leading human rights organisations have slammed the Communications Authority of Kenya (CA) over a directive banning live coverage of the Gen Z-led protests marking the first anniversary of the deadly June 25, 2024 demonstrations.

The ban has drawn sharp criticism as a blatant attack on press freedom and the public’s right to information.

The directive, issued Wednesday by CA Chief Executive Officer David Mugonyi, instructs all television and radio stations to halt live broadcasting of the protests, citing alleged breaches of Kenya’s Constitution and broadcasting laws.

Mugonyi argued that airing the protests violated Articles 33(2) and 34(1) of the Constitution as well as Section 461 of the Kenya Information and Communications Act.

“This is therefore to direct all television and radio stations to stop any live coverage of the demonstrations forthwith,” Mugonyi warned, adding that non-compliance would attract regulatory consequences.

The announcement came as thousands of young Kenyans took to the streets across major cities to commemorate the 2024 anti-tax protests that culminated in a parliamentary invasion and the deaths of at least 60 people.

This year’s protests are again led by digitally mobilised Gen Z activists, demanding government accountability and greater political representation.

In a swift response, the Law Society of Kenya, joined by more than 20 civil society organisations, dismissed the CA directive as unconstitutional and contemptuous of a 2024 High Court ruling.

The statement accused the CA of overstepping its mandate and reminded the public that content regulation is the exclusive function of the Media Council of Kenya.

“This directive is a misinterpretation of constitutional provisions and a dangerous step towards suppressing fundamental freedoms in Kenya,” read the joint statement.

“It is also in contempt of the November 2024 High Court ruling which found the CA’s previous interference with media programming unconstitutional, null and void.”

The organisations insisted that live coverage of protests, even when they involve scenes of unrest, does not amount to incitement or hate speech.

Rather, they argued, it promotes transparency and accountability, especially by documenting the actions of both demonstrators and security forces.

The coalition also expressed concern over a looming internet shutdown, warning that such a move would violate the right to security and impede access to emergency services.

They pointed to court orders from a 2023 case brought by the Kenya Editors Guild, which declared internet and broadcast restrictions unconstitutional.

“We are already seeing this ban affect medical response on the ground,” the groups said.

“Shutting down the internet risks creating an information blackout that will only worsen an already fragile situation.”

The statement issued a 4:00 PM ultimatum for the Communications Authority to reverse the directive, threatening legal action against both the institution and its CEO, David Mugonyi, should it fail to comply.

“We place the Communications Authority and its Chief Executive Officer on notice that we will pursue both institutional and individual legal redress if this directive is not withdrawn,” the coalition warned.

By press time, the CA had not responded to the ultimatum.

The statement further urged media houses to resist the unlawful directive and continue reporting truthfully, reminding broadcasters of their constitutional duty to inform the public. It also advised citizens to install VPNs in preparation for possible digital restrictions.

The joint statement was signed by a wide array of organisations, including the Kenya Medical Association, Katiba Institute, Amnesty International Kenya, Transparency International Kenya, the Kenya Human Rights Commission, the Law Society of Kenya, and the Federation of Women Lawyers (FIDA-Kenya), among others.

As protests rage and pressure mounts, attention is now fixed on the Communications Authority and the national government—whether they will uphold constitutional freedoms or intensify an already volatile standoff with Kenya’s youth.