LSK declares CA’s ban on live protest coverage illegal

The Law Society of Kenya (LSK) has denounced a directive by the Communications Authority (CA) ordering media houses to halt live broadcasts of Wednesday’s nationwide protests.

LSK called the directive “an absolute nullity in law” and urged journalists and broadcasters to defy it.

In a strongly worded statement, LSK President Faith Odhiambo said the directive was not only unconstitutional but also an affront to the democratic ideals enshrined in Kenya’s 2010 Constitution.

“Our institutions are established to facilitate the full realisation of the country’s constitutional ethos—not to be conduits for obliterating the laws that make Kenya a democratic society,” Odhiambo said. “We urge our media fraternity that they are under no obligation whatsoever to adhere to the distasteful and illegal directive by CA.”

The directive came ahead of countrywide demonstrations marking the first anniversary of the June 25, 2024, Gen Z-led protests. These protests—driven largely by youth—captured national attention last year for their peaceful mobilisation against poor governance, corruption, and economic exclusion.

Earlier, the LSK had joined forces with the Police Reforms Working Group and the Kenya Medical Association in issuing a joint statement condemning the CA's move.

The three organisations said the directive is a dangerous misinterpretation of the Constitution and warned that it threatens to suppress fundamental freedoms.

They argued that live coverage of protests, even those with isolated incidents of unrest, does not amount to incitement or propaganda for war.

“The broadcast of such events serves public interest, not criminal intent,” their statement read.

The joint statement added:

“We urge the Communications Authority to immediately withdraw this directive and uphold its mandate to protect media freedom and the public's right to access information. We place the CA and Chief Executive Officer on notice that we will pursue both institutional and individual legal redress should this action not be reversed by 4 pm today.”

Joining the chorus of condemnation, investigative journalism outlet Africa Uncensored also slammed the directive, describing it as a “blatant assault on media freedom and the public’s right to know.”

“Today it is a protest—tomorrow it could be an election, a scandal, or any truth the public deserves to know,” Africa Uncensored warned in a separate statement.