Peter Kaluma, MP for Homa Bay Town, on Wednesday defended the Communications Authority of Kenya (CA) after it ordered all TV and radio stations to stop broadcasting the June 25 protests live. The demonstrations, largely driven by young Kenyans under the #GenZ banner, had gripped the country for days.
“What we saw yesterday was not a demonstration under Article 37, but an insurrection,” Mr Kaluma wrote on X (formerly Twitter). “The CA’s decision was necessary for public order and safety.”
Kaluma argued that while media freedom is enshrined in the Constitution, it is not absolute. “All freedoms have limits and should not be used in a manner that incites violence,” he said.
The CA’s directive, signed by Director General David Mugonyi, cited Articles 33(2) and 34(1) of the Constitution as well as Section 461 of the Kenya Information and Communications Act. The agency claimed some broadcasts had veered into unlawful territory.
But not everyone agreed.
The Kenya Editors’ Guild (KEG) condemned the directive, calling it a clear violation of constitutional rights.
“Live, factual reporting by licensed media is not a threat, it’s a civic duty,” KEG President Zubeidah Kananu said in a strongly-worded statement. “The CA’s claim that it is acting under Articles 33 and 34 is legally and factually flawed.”
Kananu added that the Constitution only restricts content that involves hate speech, incitement or war propaganda not responsible journalism.
The matter quickly moved to court after the Law Society of Kenya (LSK) filed a petition challenging the CA’s move.
By Wednesday evening, Justice Chacha Mwita of the High Court in Nairobi issued an interim order suspending the media ban.
“I am satisfied that the pleadings raise fundamental constitutional questions… touching on potential violation of the Bill of Rights and media freedom,” Justice Mwita said. “A conservatory order is hereby issued suspending, with immediate effect, the directive Ref No. CA/CE/BC/TV90A… until the hearing and determination of the application and petition.”
He also ordered that any TV or radio signals that had been taken off air under the directive be restored without delay.
All respondents in the case were told to file their responses within three days, setting the stage for a full hearing.
The protests mainly organised through social media by Gen Z activists have drawn attention for their spontaneity, lack of political affiliation, and creative messaging. Protesters have cited rising taxes, joblessness, and poor governance as their core grievances.
