Seven civil society organizations in Kenya have jointly filed a landmark public interest case challenging the government’s actions in restricting internet access during key events in 2023 and 2024.
The case, filed in the High Court of Kenya, seeks to hold the government and major telecom operators accountable for what the groups describe as unconstitutional disruptions to digital freedoms.
The plaintiffs include the International Commission of Jurists (ICJ Kenya), the Bloggers Association of Kenya (BAKE), Paradigm Initiative, the Kenya Union of Journalists (KUJ), the Katiba Institute, the Law Society of Kenya (LSK), and Collaboration on International ICT Policy for East and Southern Africa (CIPESA).
They argue that the deliberate interference with internet services during the #RejectFinanceBill protests in 2023 and the 2024 KCSE examinations violates Kenyans’ fundamental rights under Articles 33, 34, and 35 of the Constitution, which guarantee freedom of expression, media freedom, and access to information, respectively.
High Court Justice Bahati Mwamuye has issued an interim order barring the government and telecom companies from further restricting internet access until the case is resolved.
The defendants include the Communications Authority of Kenya (CA), the Attorney General, the Cabinet Secretary of the Ministry of Information, Communications, and the Digital Economy, as well as telecom giants Safaricom and Airtel Kenya.
The lawsuit comes after credible evidence of internet throttling and the blocking of the Telegram social media platform during the aforementioned events. The evidence, provided by tech firms Cloudflare, IODA, and the Open Observatory of Network Interference (OONI), indicates a pattern of deliberate state action to suppress digital communication.
Rights groups have long criticized the Kenyan government for using internet restrictions as a tool of digital repression. “The internet is no longer a luxury but a critical enabler of political discourse, economic transactions, and even emergency response systems,” said Eric Mukoya, Executive Director of ICJ Kenya.
“Any restrictions must meet strict legal tests of legality, necessity, and proportionality under Article 24 of the Constitution—standards that have been systematically ignored in Kenya’s recurrent, arbitrary disruptions.”
The case seeks a judicial declaration that internet shutdowns without due process are unconstitutional and abuses of state power. It also calls for court-ordered mechanisms to ensure judicial oversight, transparency, and accountability in digital governance.
Kennedy Kachwanya, Chairperson of BAKE, emphasized the broader implications 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 support this crucial fight for digital rights as a cornerstone of Kenya’s democratic future.”
