Nairobi, Kenya, June 25, 2025 – The Bloggers Association of Kenya (BAKE) condemns the recent directive issued by the Communications Authority of Kenya (CA) prohibiting media houses from broadcasting live protests across the country. This move is an infringement on the fundamental rights to freedom of expression, freedom of the media, and access to information as enshrined in the Kenyan Constitution.
While CA in the provision statement says that the demonstrations are contrary to Article 33(2) and 34(1) of the constitution. However, neither Article 33(2) nor Article 34(1) of the Constitution empowers the CA to issue such a blanket ban on media coverage. Article 34(1) guarantees the freedom and independence of media, subject only to the specific limitations on expression outlined in Article 33(2)namely, propaganda for war, incitement to violence, hate speech, or advocacy of hatred. These provisions delineate what is not protected speech, not what cannot be broadcast live.
Further, the Constitution does not grant CA prior restraint powers to preemptively stifle reporting on public events, and any claim that live protest coverage inherently violates these limitations is a misinterpretation designed to suppress legitimate media functions and public access to information. Live broadcasting of protests plays a crucial role in ensuring transparency and the public’s right to know. It allows citizens to witness events as they unfold and provides real-time information, and acts as a deterrent against human rights abuses. By attempting to impose a blackout on live coverage, CA is not only suppressing media freedom but also creating an environment ripe for misinformation and unchecked actions.
BAKE stands in solidarity with all media houses, journalists, and citizens who are committed to upholding constitutional freedoms. We urge the CA to immediately withdraw this unconstitutional directive and uphold its mandate to promote, rather than restrict, a free and open media landscape.
We remind all Kenyans, particularly bloggers, online activists, and citizen journalists, of their right to document and share information. While digital security remains paramount, we encourage the continued use of all available platforms to ensure that the voices of citizens are heard and that events are recorded for posterity.
BAKE will continue to monitor the situation closely and work with legal partners and civil society organizations to challenge any attempts to undermine digital rights and freedom of expression in Kenya.
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