NAIROBI, Kenya – The Kenyan media industry has scored big after the High Court issued an order suspending a directive from the Communications Authority of Kenya (CAK) that sought to bar television and radio stations from broadcasting live Gen-Z demonstrations.
Justice Enock Chacha Mwita, sitting at the Milimani High Court, issued the directive on Wednesday, June 25, 2025, in the case involving The Law Society of Kenya (LSK) vs State Law Office.
The matter came up for directions on the Notice of Motion and petition, both dated June 25, 2025, before Justice EC Mwita.
“Upon considering the pleadings, 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, calling for intervention by this court,” said Justice Mwita.
How long should the petitioners file a rejoinder
Justice Mwita ordered that pleadings be served immediately through email due to the urgency of the matter.
“The respondents and interested parties do file and serve responses to the application. And petition within three days after service. The petitioners will have 3 days after service to file a rejoinder, if need be,” added Justice Mwita.
The Court also directed that directions in the matter will come up on July 2, 2025.
“A conservatory order is hereby issued, suspending with immediate effect the directive Ref No. CA/CE/BC/TV90A or any other directive issued by the Communications Authority of Kenya to all Television and Radio Stations directing them to stop live coverage of the demonstrations of June 25, 2025 or any other demonstrations until the hearing and determination of the application and petition,” Justice Mwita added.
How the service of the court’s order may be effected
According to Justice Mwita, any Broadcasting signals that may have been switched off as a result of the references directive should be restored with immediate effect pending further orders of the court.
“Take note that the service of this order may be effected through email and may also be served by publishing it in live Television broadcasts or through newspapers given under my hand and seal of the Honourable Court this June 25, 2025,” said the judge.
He indicated that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to everyone not observing the same.