Kenyan government defies court order to restore TV broadcasts

04Feb 2018
The Guardian Reporter
Guardian On Sunday
Kenyan government defies court order to restore TV broadcasts

THREEE major Kenyan television channels remained off the air yesterday despite a high court order compelling the government to allow them to resume broadcasting.

In what has been seen by many as media censorship, the government ordered private channels KTN, NTV and Citizen TV to be switched off Tuesday over coverage of a symbolic "swearing-in" of opposition leader Raila Odinga the same day.

The television channels went dark at 10 a.m. on Tuesday -- a move not seen in the country for years.

A court ordered the government on Thursday to restore all transmissions immediately pending a February 14 court hearing challenging the decision to shut down the television stations. The channels have continued to stream online throughout the blackout.

Before the ruling, the Interior Ministry had said the networks would remain dark while authorities investigate the "serious breach of security" after the stations aired footage of crowds gathering for the event.

The blackout continued yesterday because the Communications Authority of Kenya refused to receive the court summons documents, according to Okiya Omtatah, the activist who petitioned the high court to have the channels turned back on.

The authority will not turn on the stations until it receives the legal papers. But a court process server was detained as he tried to deliver the summons Friday morning, Omtatah claimed.

"Two men who claimed to be policeman apprehended him, turned off his phone and detained him for three hours," Omtatah said. "They gave him back his documents, released him and told him never to set his foot there again."

When Omtatah went to the authority himself he described how men who appeared to be police officers "said they had orders not to let me or anyone associated with the court in the building."

A Kenyan government spokesperson declined to comment when asked about Omtatah's claims.

 

Global concern

 

In recent days, the government's apparent censorship has made headlines worldwide.

In a statement, the US State Department expressed concerns on both the "inauguration" and the media shutdown. It reiterated that Uhuru Kenyatta was elected president, and urged both parties to resolve their issues in court.

"We reject actions that undermine Kenya's Constitution and the rule of land," the statement said. "We are also deeply concerned by the government's action to shut down, intimidate and restrict the media. Freedom of expression, including for members of the media, is essential to democracy and is enshrined in Kenya's Constitution."

The European Union echoed the same sentiment, and urged the dueling sides to maintain calm.

"Kenyan people now have the opportunity to take the country forward and work together on their historical path towards democracy and development," the EU said.

Following the shutdown, three NTV journalists spent the night in the newsroom Wednesday, fearful of arrest by police officers they said had camped outside the building.

Larry Madowo, Linus Kaikai and Ken Mijungu said they holed up in the newsroom after their police sources tipped them that officers planned to arrest them.

"We have not broken any laws ... we were just doing our jobs and I have no apologies about that," Madowo told CNN by phone from Nairobi.

They moved to a "safe house" Thursday. The trio was able to leave the home Friday after receiving a court order preventing their arrest and being granted what is called "anticipatory bail."

The journalists will learn Monday afternoon whether charges will brought against them.

"This is definitely intimidation. This is harassment and this is an attempt of censorship by the President Kenyatta's government. And it is worrying because Kenya has traditionally had one of the freest media environment in all of Africa," Madowo said.

The Interior Ministry defended its decision to shut down the stations, saying the government had given the media "a full security situation brief well ahead of the illegal activities" of the opposition party.

"Unfortunately, some media houses chose to disregard this advice ... the government took a decision to shut down the concerned media houses," the Interior Ministry said in a statement.

CNN has reached out to the government for comment on the journalists' arrest allegations.

Arrest exacerbates fractured political landscape

Odinga boycotted the country's disputed election last year, and swore himself in as the "people's president" at a ceremony in Nairobi on Tuesday.

Thousands of opposition supporters gathered for the largely peaceful event, and throngs of supporters quickly left the park after it ended.

Shortly after the mock swearing-in, the Kenyan government declared the opposition's National Resistance Movement (NRM) to be an organized criminal group.

The designation had been made by the Cabinet Secretary of Interior and Co-ordination of National Government, Fred Matiang'i.

Concentrated protests have taken place in Nairobi's Kibera neighborhood, an Odinga stronghold. Activists protested the arrest of controversial opposition figure Miguna Miguna, who had declared himself the "general" of the NRM and called for the public burning of portraits of Kenyatta.

Dennis Onyango, a press officer for Odinga's National Super Alliance (NASA), confirmed to CNN that Miguna had been arrested. His lawyer later said that Miguna had been charged with administering the presidential "oath" to Odinga, which amounts to aiding in the commission of a treasonous offense. Treason is punishable by death under Kenyan law.

The lawyer continued by saying that police have refused to comply with a court order allowing Miguna's release and he remained in custody Friday afternoon despite having posted bail. A receipt form for Miguna's release showed a 50,000-Kenyan shilling payment -- about $500 -- had been made to the Republic of Kenya.

The incidents are the latest public spat between the opposition and the government following the nation's two presidential elections held last year.

Kenyatta won a second presidential term with 98% of the vote in a controversial do-over in November. The second leadership ballot was held after the country's Supreme Court invalidated the initial August vote, also won by Kenyatta, over concerns about tallying irregularities.

Odinga and his opposition party dropped out of the second vote, claiming the election commission had failed to implement reforms.

NASA says it wants to create an alternative government to protest Kenyatta's rule. But the government warned that Tuesday's events amounted to treason.

At least 92 people have been killed during the protracted election period, according to a report from Kenya's National Commission on Human Rights.

The UN High Commissioner for Human Rights Rupert Colville has asked the government to respect and implement the judicial decision instructing it to allow the 3 TV stations that have been shut down to resume transmission.

Colville says the Commission is also concerned over the Kenyan government’s attempts to interfere with the rights to freedom of expression by reportedly warning that participation in the opposition’s ‘inauguration ceremony’ would lead to revocation of licenses.

“We are concerned that three TV stations remain suspended for the third day today in Kenya after the Government accused them of “complicity” for airing footage of opposition leader Raila Odinga’s “inauguration ceremony,” Colville said.

The UN commission has asked the government and the opposition to work towards resolving the current situation through dialogue, with respect for the rule of law and the rights to freedom of expression, association, assembly and political participation.