Court extends order suspending CA's directive on live coverage of demos

The High Court has extended an order suspending the government directive banning live coverage of demonstrations.

Justice Chacha Mwita extended the order to October 24, when the case will be argued.

Attorney-General Dorcas Oduor said that although the government was yet to file its response in the matter, the case had been overtaken by events as the directive was lifted in compliance with the court order. Justice Mwita, however, directed the AG to file the response and submissions before the hearing date.

The Law Society of Kenya (KEG) and the Kenya Editors Guild sued the Communications Authority of Kenya (CA), after directing media houses to stop live coverage of the demonstrations on June 25. The petitioners are seeking, among others, an order prohibiting the industry regulator from issuing similar directives without due process and constitutional safeguards.

While issuing the directive, CA claimed that the live coverage of the demonstrations was contrary to Article 33 (2) and 34(1) of the constitution. The authority further issued a warning that any radio or television station failing to abide by the directive would be met with regulatory action.

The LSK, however, said the CA issued the directive without elaborating specifically how the live coverage of the demonstrations was in contravention of the constitution. Further, LSK said the move was an administrative action, taken without giving the parties likely to be affected by the directive an opportunity to be heard.

“The directive is an affront to the freedom of the press as protected under Article 34 of the Constitution of Kenya, 2010, and the right to access to information as enshrined under Article 35,” LSK said in the petition.

It was the argument of the petitioners that the directive had the effect of denying Kenyans information about what is going on in the country without any justifiable reason. “The directive is illegal and violates various provisions of the constitution,” said LSK.

At the time of moving to court, CA had illegally switched off the Free to Air Signal for NTV at Limuru Transmission Station, while KTN was also off-air.

The LSK said Article 34 provides for the freedom and independence of electronic, print and all other types of media and prohibits the state from the exercise of control over media or interfering with any person engaged in broadcasting, the production or circulation of any publication, or the dissemination of information by any medium.

The petition is seeking a declaration that the directive by CA was unconstitutional, unlawful, and null and void.

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