NAIROBI, Kenya – The High Court has issued a temporary order stopping the government and mobile service providers from shutting down or interfering with internet access, in a major win for digital rights advocates.
Justice Bahati Mwamuye issued the conservatory order on Monday, restraining the Communications Authority of Kenya (CA), mobile network operators such as Safaricom and Airtel, and affiliated agencies from implementing any form of internet disruption—including shutdowns, throttling, or blocking access to digital services.
The ruling also protects access to social media platforms, telephony services, and other digital communication channels.
The order will remain in force pending the full hearing of a petition filed by civil society organisations and digital rights advocates.
“The respondents are barred from unlawfully causing, directing, or allowing any wholescale shutdown or denial of access to internet and communication services,” the court said.
Internet Freedom Under Threat
The petition, filed by the International Commission of Jurists (ICJ)–Kenya, the Kenya Union of Journalists, and two others, alleges that Kenyan authorities have engaged in unlawful digital interference on multiple occasions.
Lawyer Dudley Ochiel, who is representing the petitioners, pointed to several incidents, including the suspension of Telegram during the 2023 and 2024 national examinations.
The most serious accusation relates to the #RejectFinanceBill protests on 25 June 2024, during which the internet was allegedly shut down for several days without legal justification.
“The June shutdown coincided with an unprecedented attack on fundamental rights and freedoms, in which nearly 60 Kenyans were killed by state agents,” the petitioners claim.
They argue that the digital blackout not only violated constitutional rights but also caused significant economic harm, with estimated daily GDP losses of $6.3 million.
Small businesses, many of which rely on mobile data and online platforms, were disproportionately affected.
Fears Over 2027 Elections
The petitioners say these actions point to a worrying rise in digital authoritarianism in Kenya and fear a repeat during future high-stakes events such as protests, exams, or the 2027 General Elections.
Also named as respondents in the case are ICT Cabinet Secretary William Kabogo and Attorney General Dorcas Oduor.
The petitioners are seeking both accountability for the June 2024 shutdown and preventive measures to guard against future violations.
“We seek appropriate reliefs not just for past shutdowns but to deter similar abuses in the future,” said lawyer Ochiel.
