6 TV Stations Floor Chiloba In Row Over Live Coverage Of Azimio Protests
The court on Friday, March 24 cited a suit filed by the Law Society of Kenya (LSK), Katiba Institute and journalists' unions, which it said raises serious issues.
Marvin Chege 
Communications Authority (CA) Director General, Ezra Chiloba has been barred by the High Court from realising his threat to withdraw the licenses of six (6) local TV stations over the coverage of the Azimio la Umoja mass protests on Monday, March 20.
Katiba Institute- a rights lobby group, had moved to court seeking to block the CA from enforcing its decision to censure six TV stations after accusing them of violating the Programming Code during their live coverage of the Azimio protests majorly in Nairobi and Kisumu.
The court on Friday, March 24 cited a suit filed by the Law Society of Kenya (LSK), Katiba Institute and journalists' unions, which it said raises serious issues.
Katiba institute had claimed that Chiloba, went overboard by unconstitutionally, illegally and unprocedurally censuring six TV stations that include Citizen TV, NTV, K24, TV47 and Ebru TV for their coverage of the opposition demonstration.
The petitioner further accused Chiloba of violating the rules of natural Justice under Articles 47 and 50 because none of the TV stations was alerted of the decision to censure them.
Further, the petitioner stated that no reasons informed the decision because the Authority refused to supply the media houses with copies of the letters it alleged to have sent to the six media houses and with minutes or recordings of the Authority’s meeting.
Katiba further noted that the Programming Code needs to be reviewed once every two years but the CA had last reviewed it in 2019.
“Besides, having never been gazetted, the programming code is not a law. Worse, the programming code expired in September 2021 without coming into force,” read court documents in part.
Through lawyer Dudley Ochiel, Katiba Institute argued that the matter was urgent as the CA threatened liability under relevant provisions of the law including revocation.
Justice John Chigiti directed the CA to file their responses to Katiba Institute within 14 days from March 24.
The matter will come up for mention on May 10, 2023, as the judge further ruled that TV stations across the country are free to air live the Azimio protests.
Chiloba's threat to censure media houses received widespread condemnation from various quarters including members of the fourth estate who termed the move as a threat to press freedoms.
Azimio la Umoja leader, Raila Odinga termed the move to limit media coverage in the mass protests by the six TV stations initially red-flagged by Chiloba as an attack on press freedoms and a toxic agent to the media's role in enhancing democracy.
Odinga further stated that the action was a means of reigniting a dictatorial regime, arguing that the move by the CA to censure the press was a means of avoiding accountability by members of the public.
“Mr Ezra Chiloba the DG of CAK issued an illegal directive censoring the media and threatening sanctions for their truthful reporting on our demonstrations," Odinga stated.
"With this action, Mr Ruto is opening the full dictator’s playbook to kill Kenya’s democracy. We in Azimio cannot allow Ruto to take us to the dark days of yesterday."
Nonetheless, the former Prime Minister vowed to stand in solidarity with the media houses listed in Chiloba's letter in fulfilling their mandate of informing the nation.
