By Judy Maina
NAIROBI, Kenya — In a landmark decision on Wednesday, the High Court of Kenya issued a conservatory order preventing the government and major telecommunications providers from implementing internet shutdowns or throttling until a pending petition is resolved.
The ruling follows a lawsuit filed by a coalition of civil society organizations challenging the legality of past internet disruptions.
Justice Bahati Mwamuye’s order restrains the Communications Authority of Kenya, the Attorney General, the Cabinet Secretary for Information, Communications, and the Digital Economy, as well as telecom giants Safaricom and Airtel Kenya, from “unlawfully causing, directing, enforcing, implementing or allowing to be implemented any wholesale shutdown, blockage, denial of access or service” to internet and related services.
The petition, filed by seven organizations—including the International Commission of Jurists (ICJ) Kenya Section, the Bloggers Association of Kenya (BAKE), Paradigm Initiative, Kenya Union of Journalists, Katiba Institute, the Law Society of Kenya, and the Collaboration on International ICT Policy for East and Southern Africa—argues that previous internet disruptions violated constitutional rights to freedom of expression, media freedom, and access to information.
The lawsuit cites incidents during the 2023 #RejectFinanceBill protests and the 2024 Kenya Certificate of Secondary Education examinations, where internet services were allegedly throttled or certain platforms, such as Telegram, were blocked.
Technical evidence from organizations like Cloudflare, IODA, and the Open Observatory of Network Interference supports these claims.
“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,” said Kennedy Kachwanya, chairperson of BAKE.
“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.”
The court has scheduled a compliance check for June 23, with the government and other respondents required to respond to the case by June 10.
The petitioners have until May 15 to serve court papers to the involved parties.
This case is poised to set a significant precedent in digital rights litigation within the region, highlighting the tension between state control and individual freedoms in the digital age.
