By Andrew Kariuki
The High Court has annulled a directive issued by the Communications Authority of Kenya (CAK) that sought to bar media houses from broadcasting the June 25 public demonstrations live, terming the move unconstitutional.
In a judgment delivered today, the court allowed the judicial review application filed against the Authority, finding that the directive unlawfully restricted the media’s right to disseminate information and violated the public’s right to receive it.
The judge ruled that the CAK had acted outside its mandate when it instructed television and radio stations to stop airing live footage of the demonstrations, noting that no law grants the Authority powers to impose prior restraint on media coverage.
The court proceeded to quash the directive in full and issued orders prohibiting the Communications Authority, or any other state agency, from enforcing or reissuing similar directives that limit live reporting of public events.
The decision is a major affirmation of media freedom and public access to information, coming at a time when concerns about state overreach into journalistic work have been on the rise.
