The High Court on Wednesday evening ordered the Communications Authority of Kenya (CA) to restore signals to three independent television stations switched off after defying a directive to cease live broadcasts of anti-government protests.
Justice Chacha Mwita directed the CA to immediately restore NTV, KTN and K24 signals following an application by the Law Society of Kenya.
“I am satisfied that they raise fundamental constitutional questions touching on potential violations of the Bill of Rights in the Constitution and freedom of the media,” ruled Justice Mwita.
Viewers of the three stations were left in an information blackout after police officers, accompanied by CA officials, forcibly switched off their signals on Wednesday afternoon.
The Nation Media Group (NMG) condemned the CA for what it termed an “unconstitutional” shutdown of NTV. The broadcaster, in a statement, said the authority’s actions amounted to state censorship and a blatant violation of constitutional protections guaranteed to the media.
“This action has been taken without due process, following an advisory on social media by the Authority… The shutdown of NTV is therefore a direct interference with our editorial operations and a suppression of the media’s constitutionally protected role to inform the public,” the statement by NMG said.
At the time of the shutdown, NTV was broadcasting live footage of the protests, coverage that NMG maintains was responsible and in the public interest.
“The CA’s action is futile, clearly illegal, and an executive overreach. The Group must seek legal redress together with other stakeholders. Last year on 25 June, when Gen Z were demonstrating and breached Parliament grounds, the police shot more than 60 youths. That was a pure massacre and the nation is mourning. More than ever, and given the trigger-happy reputation of our police when handling demonstrations, it is vital that the public be informed of what is happening on the streets. It is our duty to do so. This could save lives. Press freedom is enshrined in our Constitution and any attempt to gag the media must be resisted firmly in defence of democracy,” said NMG Board Chairman Wilfred Kiboro in a statement.
The company cited Article 34(2) of the Constitution which expressly bars the State from exercising control over or interfering with the operations of media houses, including broadcasting or the dissemination of information.
“The State shall not exercise control over or interfere with any person engaged in broadcasting,” the statement read.
The group also said that only the Media Council of Kenya (MCK) has the legal mandate to regulate broadcast content, a position reaffirmed by a recent High Court ruling. NMG stressed that, according to that ruling, regulatory authority over broadcast content lies solely with the MCK.
In response to the signal switch-off, NMG announced plans to take legal action against the CA, insisting that any allegations of media misconduct should be addressed through legally established channels and not through arbitrary directives.
“There are established mechanisms for addressing any allegations of unprofessional media conduct — mechanisms that the CA or any aggrieved party should utilise to seek appropriate redress,” the company added.
The shutdown comes amid growing concerns over government overreach and suppression of civil liberties. Civil society groups and press freedom advocates have raised alarm over what they see as increased attempts to curtail freedom of expression both online and in traditional media.
Despite the blackout, NMG urged its viewers to continue watching NTV’s live coverage through YouTube and other digital platforms.
“Transparency and integrity are key tenets of our duty to the public, and we will not be deterred in our mission to report truthfully,” it said.
This is not the first time the State has threatened or carried out the shutdown of media outlets.
During the Gen Z-led anti-Finance Bill protests in 2024, the CA issued threats to take TV stations off-air for airing footage of protesters breaching Parliament in Nairobi.
In January 2018, several TV stations — including NTV, KTN and Citizen TV — were shut down shortly after airing the symbolic swearing-in of opposition leader Raila Odinga, who was the National Super Alliance’s flagbearer, as the “people’s president.”
Senior Counsel Paul Muite criticised the Authority, saying the directive contravenes Article 34 of the Constitution, which protects media freedom.
The Kenya Editors Guild also condemned the directive, calling it a gross violation of the Constitution and an attack on press freedom and public accountability.
Email your news TIPS to Editor@nairobilawmonthly.com, and to advertise with us, call +254715061658 anytime of the day
