The High Court has ruled that the Communications Authority of Kenya (CA) was justified in shutting down the live broadcast of Raila Odinga’s 2018 swearing-in ceremony, stating that the event contravened the Constitution and the law.
The court emphasized that the CA acted within the limitations of media freedom as outlined in Article 24 of the Constitution. It noted that Royal Media Services Limited, Nation Media Limited, and The Standard Group Limited were propagating an unconstitutional venture.
Justice Anthony Charo Mrima, delivering the judgment in Kitale on June 20, 2024, highlighted that the media has a duty to refrain from perpetuating events that undermine the democratic will of the people. He explained, “The Interested Parties were, therefore, out to further an activity which was specifically restrained by the Constitution.”
Justice Mrima argued that such actions cannot be considered normal broadcasting services and that the CA was within its constitutional and statutory mandate to prevent unconstitutional actions by the media.
On January 30, 2018, the Director General of the CA shut down the live television transmission of Royal Media Services Limited, Nation Media Limited, and The Standard Group Limited. The CA asserted that it acted in strict conformity with the Constitution and the Kenya Information and Communications Act.
The Authority maintained that allowing the live broadcast of the swearing-in ceremony by the National Super Alliance Coalition would have perpetuated civil unrest. This decision was informed by the National Security Advisory Council, which believed that avoiding live broadcasting could alleviate unrest.
The petition was dismissed, with each party bearing its own costs.
