Authority under scrutiny for employing nonexistent legal clause to muzzle press

Authority under scrutiny for employing nonexistent legal clause to muzzle press

On June 25th, 2025, the Communications Authority of Kenya (CA) decided to silence Kenya Television Network (KTN) and Nation Television (NTV) in the midst of Gen Z demonstrations commemorating last year's Finance Bill. David Mugonyi, CA director, gave the order, alluding to Articles 33(2) and 34(1) of the Constitution, as well as Section 461 of the Kenya Information and Communications Act (KICA), 1998.

However, lawyer Kibe Mungai, in an interview with The Standard, argues that Mugonyi misquoted a nonexistent section of the law and overlooked a 2023 High Court judgment that stripped the agency of its power to regulate media content. "A non-existent provision has no legal effect that indicates impunity. If you read the letter, no offense has been quoted. Since it is lawful to do live broadcasts, that means if one has to shut live broadcasts, one has to have a justification," he explained.

Kenyans have the right to be informed about what's happening, and according to Kibe, the media serves as their primary means of expression while also acting as a watchdog, shedding light on government excesses. He expressed concerns about the motives behind the move to keep things under wraps, mentioning possible coordination between some goons and the police.

While the 1998 law which the CA cited has 103 sections, it was replaced by the Kenya Information and Communications (Amendment) Act, 2013. Kenyan Editors Guild (KEG) and other groups have strongly criticized the shutdown, not only as a violation of the freedom of the media but also the freedom of expression and the right of Kenyans to receive information. KEG urged the CA to cease the directive, claiming it to be illegal and unconstitutional.

The High Court, in the 2023 judgement, had already ruled that Regulation 19(a), (b), (c), and (d) of the Kenya Information and Communications (Broadcasting) Regulations, 2009 were unconstitutional for limiting freedom of expression, media, and information. However, the CA has failed to uphold this ruling, raising questions about the agency's commitment to democratic values.

1. The Kenyan Editors Guild (KEG) slammed the Communications Authority (CA) for silencing Kenya Television Network (KTN) and Nation Television (NTV), citing it as a violation of the freedom of the media and the right of Kenyans to receive information.
2. Lawyer Kibe Mungai, in an interview with The Standard, accused the CA director, David Mugonyi, of misquoting a nonexistent section of the law and overlooking the High Court's 2023 judgement that stripped the agency of its power to regulate media content.
3. In his explanation, Kibe Mungai pointed out that since it is lawful to do live broadcasts, any move to shut live broadcasts must have a justification, as a non-existent provision has no legal effect.
4. The silencing of KTN and NTV came during Gen Z demonstrations commemorating last year's Finance Bill, with Kibe Mungai expressing concerns over possible coordination between some goons and the police, mentioning it as a motive behind the move to keep things under wraps.

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