NAIROBI, Kenya — A coalition of civil society organizations has taken the Kenyan government and major telecom providers to court, challenging what they describe as an unlawful and dangerous internet shutdown during the nationwide protests against the now-withdrawn Finance Bill 2024.
The case, spearheaded by the International Commission of Jurists (ICJ Kenya) and supported by groups such as the Bloggers Association of Kenya (BAKE), Paradigm Initiative (PIN), and the Law Society of Kenya (LSK), contends that the blackout—enforced during the June 25, 2024, demonstrations—violated constitutional rights and set a dangerous precedent for digital repression in fragile democracies.
“The normalization of internet shutdowns is an alarming threat to accountability and civic space,” ICJ Kenya said in a statement. “Cutting access not only silences dissent, it erases evidence of state violence, deepens inequality, and harms marginalized communities.”
Internet access is not a luxury, it is an essential enabler of rights, including free expression, access to information, and assembly. It also underpins economic, social, and cultural rights, from education to employment.Shutdowns disproportionately harm fragile democracies and
The protest in question saw thousands take to the streets under the banner of RejectFinanceBill2024, culminating in demonstrators storming Parliament.
The ensuing crackdown left nearly 60 people dead and saw a sudden suspension of internet access across major networks.
Critics say the blackout prevented journalists from reporting abuses and left activists isolated and vulnerable.
The shutdown reportedly included not just full blackouts but also throttling of services and blocking of apps such as WhatsApp—tactics seen increasingly in the region to control protests and limit mobilization while avoiding international scrutiny.
The legal petition, filed earlier this year, cites violations of multiple rights enshrined in Kenya’s Constitution—including freedom of expression, assembly, and access to information—as well as international human rights standards such as the African Charter and the International Covenant on Civil and Political Rights (ICCPR).
On May 14, the High Court issued interim conservatory orders in favor of the petitioners.
Justice Bahati Mwamuye barred the government and telecom providers from initiating further internet shutdowns pending the outcome of the case, and ordered the preservation of all records related to past disruptions.
While the ruling does not yet address the core constitutional questions, legal experts say the temporary orders are a strong early signal that the court is taking the matter seriously.
“This is not just about a single protest or event,” said one lawyer familiar with the case. “It’s about whether the internet—now central to how we work, learn, organize, and hold power to account—will be treated as a right, or a privilege that can be revoked at will.”
The full hearing is set for June 23, and its outcome could set a regional precedent amid growing concerns about digital repression in Africa.
Across the continent, internet disruptions have been used to obscure electoral misconduct, suppress dissent, and maintain control during times of unrest.
Digital rights advocates warn that if left unchecked, such measures risk becoming a default playbook for authoritarian regimes—especially when enabled by vague legal justifications and compliant service providers.
“The internet is not a luxury,” said ICJ Kenya. “It is an enabler of democracy, development, and dignity. The courts must now decide whether Kenya will protect that future, or shut it down.”
