Like all our compatriots, we (the Kenya Editors Guild) are concerned by the crisis facing our country. The genesis of this national tragedy is within public knowledge.

This is a purely political problem that must be settled by the contestants on both sides. They must demonstrate good faith and recognize the situation for what it is – a national crisis.

As editors, we know that the situation in this country is worse than what the government would like the public and the world to believe. We have a national humanitarian crisis on our hands, widespread abuse of human rights, mistrust, intolerance, and in many parts of the country a virtual breakdown of rule of law on a scale never before witnessed.

In this situation it is extremely important that the public be informed accurately of what is happening, not just for their security but so as to assist the country come to terms with the naked reality.

That is why Kenya Editors’ Guild is today demanding that the government desist from threatening journalists and lift the unlawful ban imposed on live media reporting of events unfolding in our country.

It is now over three weeks since the Minister for Internal Security purported to prohibit live broadcasting on radio and television by invoking Section 88 of the Communications Act.

The ban was effected via a directive issued to the Ministry of Information and Communications. 

We must state here categorically that the minister does not in fact have any such powers under the Act and his arbitrary order is both illegal and unconstitutional. The law empowers the minister "on the declaration of any public emergency or in the interest of public safety and tranquility" to "take temporary possession of telecommunication apparatus or radio communication station or apparatus". The Act does not give the minister power to ban any broadcasts, live or otherwise, indefinitely.

While we recognize that the government may have been motivated by a desire to calm the tension triggered by the disputed Presidential Election, the directive is a blatant attempt to gag the media and curtail the freedom of expression as guaranteed by Section 79 of the Kenya Constitution.

As journalists and editors, we are confident in the exercise of our professional judgment of what is fit or unfit to broadcast. We do not need government guidance to do our work. If the government is aggrieved, it should follow the right complaint channels provided by the Media Council of Kenya Act.

It is also notable that the ban amounts to unlawful collective punishment in a situation where the authorities had the opportunity to file complaints against any broadcast stations that may have flouted strictures against incitement, indecency or bad taste. 

In times of conflict such as our country currently faces, it is critical that all channels of communication be kept open and that divergent views are heard to avoid fueling suspicion or violating the people’s rights to be informed. 

We are therefore demanding the minister to lift the ban within 24 hours, failure to which we shall initiate further action in the interest of the public right to information and freedom of expression as provided by our Constitution.