Kileleshwa Member of County Assembly (MCA) Robert Alai has written to Chief Justice (CJ) Martha Koome over the contemporary orders suspending the Communications Authority of Kenya’s (CAK) directive that banned live coverage of the June 25, 2025, Gen Z-led protests.
CAK proceeded to switch off television and radio stations belonging to Standard Media Group, Nation Media Group and Mediamax.
However, the High Court ordered the immediate restoration of all TV and radio signals previously switched off.
In the letter, Alai said he is deeply disturbed by the High Court decisions as a lawmaker, public servant, and long-standing advocate for constitutional rights.
“These rulings, while framed within the parameters of rights protection, signal a judicial posture that dangerously undermines law enforcement efforts, diminishes the authority of legitimate State institutions, and prioritises commercial activism and corporate interests over national stability and the safety of ordinary citizens,” he said.
Alai said he is not a stranger to the consequences of state excesses, including censorship and tyranny.
He recalled being jailed, threatened, and persecuted for speaking truth to power online.
“I understand, more than most, why the freedom of the press must be protected. But I also understand the line between protection and weaponization,” he said.
Judicial Not for Ideological Activism
He mentioned that the Judiciary must never become an arena for ideological activism masquerading as constitutional interpretation.
Alai said courts must uphold rights but also weigh the potential of public disorder, deaths, destruction of property, and national destabilization.
“The orders compelling the Communications Authority of Kenya to: Lift all restrictions on live media coverage during ongoing unrests, restore broadcast signals without reference to security assessments, and issue public notices nullifying its own legally issued directive…are troubling not just in form, but in precedent,” Alai said.
He stated that the rulings set the stage for future judicial micromanagement of executive functions, which contradicts the doctrine of separation of powers and threatens Kenya’s national cohesion.
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Alai Tells CJ Koome to Review Emerging Trend
Alai urged CJ Koome to critically review the emerging trend where urgent ex parte applications filed by elite civil society institutions result in immediate suspensions of State directives, often without a hearing or engagement with national security stakeholders.
“When courts suspend State directives meant to pre-empt chaos, without hearing from security agencies or even considering public safety, the scales of justice are no longer balanced,” he added.
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Protecting Media Rights vs Order
He mentioned that Kenya is a democracy, but a democracy in its fragile youth and the Judiciary’s role is to safeguard, not endanger, its continuity.
Alai said the country cannot have a scenario where the Judiciary protects media freedoms but enables mayhem; defends digital rights but disables order; or champions public interest litigation while ignoring the actual public most affected by unrest.
“I submit this letter not as a challenge to judicial independence but as a patriotic plea for judicial introspection. Let us not sacrifice order at the altar of rights. Let us not gamble peace for applause,” he said.
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