IPI global network joins the Kenyan media and civil society community in condemning restrictions on access to information and violence against journalists during protests on June 25.
Thousands of Kenyans took to the streets this Wednesday to commemorate the deadly 2024 anti-government protests, during which about 60 people were killed by the police. The demonstrations this week were again met with excessive police violence. At least 16 people are reported dead and 400 injured in the aftermath of the protests, according to Amnesty International.
At least five journalists were injured. Ruth Sarmwei, an NTV journalist, was hit by a rubber bullet while covering the protests in Nakuru County. Citizen TV journalist Ben Kirui escaped serious injuries after the police lobbed teargas towards his crew, hitting his helmet. In yet another incident, David Gichuru of Standard Group was wounded by a stray stone hurled by a protester along Thika Road. Other demonstrators reportedly attacked two other journalists.
In addition, the Communications Authority of Kenya (CA) ordered media houses to cease airing live broadcasts — a directive which IPI strongly condemned. Local journalists and civil society widely criticised the ban.
“We are deeply alarmed by the government’s attempt to restrict media coverage of such important events”, Dr Marystella Simiyu, IPI’s Africa Senior Legal Advocacy Officer, said. “Media censorship and attacks on journalists with little to no accountability go against Kenya’s strong constitutional protections for media freedom.”
She added: “We call on the Kenyan authorities to protect freedom of the press and ensure the safety of journalists, who have the right to cover public protests freely and safely.”
Gag orders on the media are not unprecedented in Kenya. In 2018, IPI criticised the disruption of the broadcast signals of several media houses during the mock inauguration of opposition candidate Raila Odinga following the contentious 2017 elections. In what has become a repeat occurrence of media censorship, the Communications Authority not only acted beyond its mandate but in defiance of court orders.
In 2023, the High Court barred the ICT regulator from obstructing live broadcasting, and more recently, the High Court clarified that the Media Council of Kenya and not the CA is authorised to regulate broadcast content. In a statement released by the Kenya Media Sector Working Group, the journalists decried the illegality of the regulator’s actions and reiterated the media’s commitment to professionalism and editorial independence.
Failure by the CA to promptly comply with High Court orders issued on June 25 to restore the signals of NTV, K24, and KTN reveals worrying faults in the system of checks and balances, requiring strong pushback and accountability measures. Media freedom is protected under Article 34 of Kenya’s Constitution, which expressly prohibits state control or interference with the media. The state, its organs, and all Kenyans must comply with these constitutional dictates.
The Telegram messaging app was also blocked during the protests, according to Netblocks. The dual threat of a broadcasting ban and platform restrictions risked closing off important avenues for Kenyans to access and share information and effectively and safely mobilise. Shutting down Telegram during a protest signals a growing inclination by the Kenyan government to implement internet shutdowns—Kenya first blocked the app in 2023 and 2024 to curb exam cheating. IPI has joined other civil society organisations with the #KeepItOn coalition in denouncing the move and calling for the government to refrain from future shutdowns in compliance with human rights law.
Internet shutdowns are an authoritarian tool that violates human rights. Principle 38 (2) of the Declaration of Principles on Freedom of Expression and Access to Information in Africa, which strengthens free expression and access to information rights under the African Charter on Human and Peoples’ Rights, prohibits states from implementing or condoning disruptions of the internet or other digital technologies. Kenya must respect its obligations under the Charter and international law.