NAIROBI — Political tensions continue to rise in Kenya as the government defied a court order to lift a ban on three independent media organizations. Authorities also arrested a key opposition ally in the wake of Raila Odinga’s self-inauguration Tuesday as the so-called “people’s president.”

Kenya’s three largest broadcasters remained off the air for a fourth day Friday despite the high court ruling the day before that the government must reverse the suspension. Authorities cut transmission for the media outlets Tuesday as they prepared live coverage of the opposition’s swearing-in event.

The Kenyan human rights activist behind the legal challenge, Okiya Omtata, attempted to serve the court papers to the government’s Communications Authority Friday.

“I was personally marked,” he told VOA, “and I was not allowed past the gate. I was told that they had instruction from above not to be allowed past the gate, nor the court order to be served. So what I did is I pinned it on the wall — a copy of the order, but they ripped it off.”

Omtata said he has no choice but to bring the matter back to the court Monday.

“It now clarifies issues for me,” he said. “Now I know what we are dealing with is not a failure to comprehend the law, but a deliberate move by the government to violate the Bill of Rights and the constitution of Kenya and to operate outside the consent of the law.”

The Communications Authority has not commented on the ban. Omtata said he was able to serve the remaining court papers addressed to the attorney general, interior minister, and minister of information, communication and technology.

The ruling Jubilee administration accuses the media of failing to heed its advice not to air Tuesday’ opposition swearing-in. In a statement released Wednesday, the day before the high court’s ruling, Interior Minister Fred Matiang’i said the stations will remain shut throughout ongoing investigations into alleged complicity in what he called an effort to subvert the government and spark violence.

In a statement Thursday, the U.S. State Department grave concern over what U.S. officials called “the government’s action to shut down, intimidate, and restrict the media” and Odinga’s self-inauguration.

Odinga has refused to accept the results of an October presidential run-off, which he boycotted. Incumbent President Uhuru Kenyatta was declared the winner.

Murithi Mutiga, the International Crisis Group’s Kenya researcher, says the spat between the Kenyatta administration and the media will go on.

“He came to office and seems to have an axe to grind with the key element of the society including the media and civil society and that has continued and persisted,” said Mutiga. “We’ve seen media houses being denied advertising, which is a crucial source of revenue. We’ve seen continued attempts to legislate against the media. So I think, I think it will continue, they will continue to be a push and pull between the administration and the media.”

President Kenyatta gave a televised speech at the Kenya School of Government Friday. At the end, he gestured to the journalists, saying in Swahili, “Now why don’t you switch off your things, pack and go? Your work is over.”

The US Department of State and the European Union have slammed Nasa leader Raila Odinga’s January 30 ‘swearing-in’ and the shutdown of television stations.

In separate press statements posted on their websites on Thursday, they emphasised that all leaders and the government should obey the Kenyan Constitution ad the rule of law.

ELECTIONS

The US Department said it rejects “actions that undermine Kenya’s Constitution and the rule of law.”

Department spokesperson Heather Nauert said that Uhuru Kenyatta was elected president on October 26, 2017 in a repeat poll that was upheld by the Supreme Court.

“Grievances must be resolved through appropriate legal mechanisms,” the statement added.

The European Union, in a statement on its website on Thursday, said respecting the law includes recognising the election of President Kenyatta.

“Kenya’s election year is over, and the challenges laid bare by the electoral process will have to be addressed. All actors should contribute to calm,” the EU statement said.

Nasa boycotted repeat election, saying it first wanted electoral reforms to ensure a free and fair election.

The coalition has maintained that it won the August 8, election and it presented its own alternative results, which the IEBC dismissed.

PRESS FREEDOM

“It also means the respect of freedoms of assembly, media and speech and implies lifting any ban on media operating within the law,” the EU added.

The US Department of State also criticised the government’s shutdown of three television stations and its move to “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. We urge the government and all Kenyans to respect freedom of expression and implement court orders calling for the restoration of television broadcasts,” it said.

On Wednesday, three television stations – NTV, Citizen and KTN News – were shut down by Communications Authority of Kenya (CA) officers for live airing of the Nasa ‘swearing-in’ ceremony.

The government had last week warned media owners against live broadcast of the event. The television stations were shut off as they broadcast the event.

On Thursday, the High Court ordered that the government restore broadcast.

SECURITY

The US also praised security forces for exercising restraint during the Nasa oath on January 30, 2018.

It urged them to continue to refrain from any unnecessary or excessive use of force, and to also always act within the law.

The US also urged Kenyans to have a “national conversation to build cohesion and address long-standing issues”, while the EU called for unity and said: “The Kenyan people now have the opportunity to take the country forward and work together on their historical path towards democracy and development.”

Three of Kenya’s largest private TV channels remain off the air, despite an order by the country’s High Court suspending a shutdown.

The government cut off KTN, NTV, and Citizen TV over plans to broadcast opposition leader Raila Odinga’s unofficial “inauguration” on Tuesday.

The court suspended the ban for 14 days while the case is heard.

There is no sign the government will comply with the court ruling, the BBC’s Gladys Kigo reports from Nairobi.

Mr Odinga lost last year’s election and his “swearing-in” was widely seen as a publicity stunt, but the authorities said it was an act of treason.

Opposition groups have accused the Kenyan government of violating the public’s right to information about important events.

When asked about the matter, Joseph Mucheru, the minister of information, communication and technology, told the BBC it was a security issue and that only the security minister could answer the question of when the stations would be able to broadcast again.

The High Court also ordered the state not to interfere with the operation of KTN, NTV, and Citizen TV pending a full hearing.

The channels were taken off the air on Tuesday morning ahead of the “swearing-in”, but continue to stream their content online.

The interior ministry said in a statement circulating on social media that broadcasting the event – described as an attempt to “subvert or overthrow” the government – “would have led to the deaths of thousands of innocent Kenyans”.

Kenyan journalists denounced the move as outrageous and in a statement called for “respect of the constitution” and an end to the “unprecedented intimidation of journalists”.

Some journalists have been camping out in their newsrooms for fear of being arrested.

Linus Kaikai, the head of NTV, said: “We were informed by very reliable sources that policemen were downstairs and what they wanted to do was to arrest us when we leave the building, so we have since that time not left the building.”

BBC analysts say KTN, NTV and Citizen TV are perceived to offer relatively independent and balanced news coverage, though they have been criticised by the opposition in the past.

In their absence, some Kenyans are turning to newspapers and social media for their news. Others are going to the state-owned KBC and the private K24 TV. The two stations usually attract low viewership due to their pro-government bias.

‘Kenyans fuming’
Analysis: Ferdinand Omondi, BBC News

Kenyans have been fuming at their inability to watch news and their favourite programmes for three days, and will welcome the court’s decision.

The affected media companies have suffered losses measured in the millions of dollars. The TV stations depend on advertising, so they could not make money during the period they have been off-air.

Human rights activist Okiya Omtatah, who petitioned the court, asked the government to pay for the financial losses that Citizen TV, KTN and NTV have incurred.

The stations command nearly two-thirds of Kenya’s TV audience. But the emergence of alternate advertising platforms, including social media, was already hurting their revenue streams. The three companies have been forced to lay off hundreds of workers in the past year to balance their books.

The Kenyan government had wanted the stations to remain shut indefinitely as police investigated Tuesday’s ceremony.