Kenyan court blocks government from imposing internet shutdowns
Kenya’s High Court has issued a conservatory order barring the government and major telecommunications operators from implementing internet shutdowns or interfering with digital communications.
The ruling, delivered by Justice Bahati Mwamuye, prohibits actions such as blocking or throttling access to the internet, social media platforms, telephony, and data services until a pending petition is heard and determined.
The court's decision restrains the Communications Authority of Kenya (CA), mobile network providers including Safaricom and Airtel Kenya, the Ministry of ICT, and the Office of the Attorney General from initiating or facilitating any form of digital communication disruption, the Citizen Digital reports.
The order stems from a petition filed by the International Commission of Jurists (ICJ) – Kenya, the Kenya Union of Journalists, and two other civil society organizations represented by lawyer Dudley Ochiel. The petitioners accuse state agencies of repeated and unlawful digital interference in recent years.
Cited in the petition are incidents during Kenya’s 2023 and 2024 national examinations when access to the Telegram messaging app was reportedly restricted. The petitioners also referenced the June 25, 2024, internet shutdown during the #RejectFinanceBill protests, which they claim was imposed without legal authority and resulted in the deaths of nearly 60 protesters.
"Then, on 25 June 2024, during the #RejectFinanceBill protests, the Respondents illegally shut down the internet," they stated.
They argue that the shutdown, which lasted several days, caused an estimated $6.3 million in daily GDP losses and severely disrupted small businesses that rely on digital platforms.
