Win For Media As Court Nulifies CA Decision To Cesnsor 6 TV Stations.

The High Court has nullified a decision made by the Communications Authority of Kenya (CA) which had previously reprimanded six TV stations for their coverage of live demonstrations organized by Azimio Chief Raila Odinga in March of this year.

Citizen TV Logo: IMAGE/COURTESY

Justice John Chigiti ruled that the former CA Director General Ezra Chiloba's decision was unlawful as it violated Article 47 of the constitution. This article stipulates that when an administrative action is likely to harm an individual's rights, the administrator must provide the affected person with an opportunity to present their case. However, in this instance, the TV stations were condemned without being given a chance to be heard.

Chigiti emphasized that none of the TV stations were consulted before the decision to reprimand them was made. In a decision made in March of the same year, Chiloba had asserted that Citizen, NTV, K24, KBC, TV47, and Ebru Africa had breached the programming code while covering opposition demonstrations. He argued that the stations had broadcast content that could incite ethnic tension or incitement.

Chiloba mentioned that while the Authority supports press freedom, broadcasters should exercise caution during live broadcasts to avoid situations that could harm peace and unity. This led to a case filed by the Katina Institute, the Law Society of Kenya, the Editors Guild, and others.

The judge concurred with the applicants that the media houses had not violated any of the four legally recognized speech limitations under Article 33. These four limitations include propaganda for war, hate speech, incitement to violence, and the advocacy of hatred.

Chigiti contended that an error had influenced the CA's decision, as the cited section of the programming code did not convey what the CA claimed it did. He further argued that since the code had not been officially published, it did not hold the status of a "law" capable of restricting anyone's freedom. He asserted that the code had expired and was legally ineffective.

In his conclusion, Chigiti deemed the censure as unfair on the part of Chiloba, the decision-making authority, as it did not adhere to principles of justice. The judge instructed the CA to review the programming code for Kenyan broadcasting services and also suspended his order for a year.