Seven prominent organizations have jointly filed a public interest case challenging what they describe as unlawful disruptions to internet access across the country. The High Court has already issued temporary orders preventing further interference with internet services (including shutdowns) until the case is resolved.
The case, which was filed today, names multiple defendants, including the Communications Authority of Kenya (CA), the Attorney General, the Cabinet Secretary of Information, Communications, and the Digital Economy, as well as telecommunications providers Safaricom and Airtel Kenya.
High Court Justice Bahati Mwamuye has issued immediate orders preventing the defendants from interfering with internet access pending the case’s resolution, effectively placing a temporary ban on internet shutdowns in Kenya.
The seven organizations behind the legal action include
- The International Commission of Jurists, Kenya Section (ICJ Kenya)
- The Bloggers Association of Kenya (BAKE)
- Paradigm Initiative (PIN)
- Kenya Union of Journalists (KUJ)
- Katiba Institute
- The Law Society of Kenya (LSK)
- The Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
The legal action cites evidence of deliberate interference with internet services during two major events: the 2023 #RejectFinanceBill protests and the 2024 Kenya Certificate of Secondary Education (KCSE) Examinations. The organizations point to internet throttling and the specific blocking of Telegram during these periods.
Technical evidence supporting these claims was provided by multiple internet monitoring organizations, including Cloudflare, IODA, and the Open Observatory of Network Interference (OONI).
The petitioners argue that these internet restrictions constitute direct violations of several constitutional rights guaranteed to Kenyans, including
- Freedom of expression (Article 33)
- Media freedom (Article 34)
- Access to information (Article 35)
- Economic and social rights in the digital context
“As organisations committed to defending civic freedoms, we condemn the escalating use of digital repression to silence dissent, manipulate information flows, and erode democratic participation,” said Eric Mukoya, Executive Director of The Kenyan Section of International Commission of Jurists (ICJ Kenya).
This case brings to light Kenya’s international obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, which reinforce the protection of digital rights.
The organizations have stressed that internet access has evolved from a luxury to an essential service critical for political discourse, economic activity, and emergency communications. They argue that any internet restrictions or shutdowns must meet strict legal standards of legality, necessity, and proportionality as outlined in Article 24 of Kenya’s Constitution.
Through this action, the organizations are requesting
- A declaration that internet shutdowns without due process are unconstitutional
- Court-ordered mechanisms to ensure judicial oversight
- Greater transparency and accountability in digital governance
The case comes at a time when internet restrictions are increasingly being used as tools of political control across Africa and globally. The outcome could set a major precedent for digital rights litigation throughout the region.
Kennedy Kachwanya, chairperson of the Bloggers Association of Kenya (BAKE), emphasized the widespread impact of the case.
“The outcome of this case will have far-reaching implications for millions of Kenyans who rely on unimpeded connectivity for livelihoods, education, and civic engagement. We call upon civil society, media partners, and the international community to amplify this crucial fight for digital rights as a cornerstone of Kenya’s democratic future.”
There’s no doubt that this case will draw attention from human rights organizations and digital freedom advocates worldwide as it progresses through the judicial system.
