The Communications Authority of Kenya (CA) has defended its controversial directive to ban all televisions and radios from airing the June 25, 2025, anniversary protests.
In a response filed in court, the CA’s Director General, David Mugonyi, argued that the directive was lawful, reasonable and necessary to prevent incitement to violence and protect national security.
“The directive was not a blanket ban on media coverage. It only applied to live coverage, which was being misused to incite violence and fuel public disorder”, Mugonyi stated.
He cited Article 33(2), which excludes expressions such a incitement to violence, hate speech and advocacy of hatred from constitutional protection.
According to the CA Director General, the broadcasters had failed to activate the required profanity delay mechanism, which resulted in the unfiltered airing of graphic and inflammatory content.
The authority pointed to incidents of violence that erupted during the protests in Nairobi, Thika and Nakuru and the burning of Kikuyu Law Courts and Kikuyu Police Station as evidence that live broadcasts were escalating unrest.
They further argued that its directive aligns with international best practices and noted that democracies such as the United States, the United Kingdom and India allow temporary broadcast restrictions during periods of civil unrest or national emergencies.
The matter will be mentioned in court again on October 27 for further directions.
