NAIROBI, Kenya- Seven prominent civil society organisations have filed a landmark public interest case challenging what they term as unlawful and arbitrary disruption of internet access in Kenya.
The lawsuit, lodged at the High Court, seeks to hold government and private entities accountable for repeated interference with digital connectivity, including during the 2024 Gen Z protests and the Kenya Certificate of Secondary Education (KCSE) examinations in 2023 and 2024.
The petitioners—The International Commission of Jurists (Kenya Section), Bloggers Association of Kenya (BAKE), Paradigm Initiative (PIN), Kenya Union of Journalists (KUJ), Katiba Institute, The Law Society of Kenya (LSK), and the Collaboration on International ICT Policy for East and Southern Africa (CIPESA)—argue that the disruptions violated multiple constitutional rights.
“These actions undermine freedoms enshrined in the Constitution—freedom of expression, media freedom, access to information, and the realization of economic and social rights in a digital society,” said Eric Mukoya, Executive Director of ICJ Kenya.
The case names the Communications Authority of Kenya (CA), the Cabinet Secretary for Information, Communications and the Digital Economy, and major telecom operators Safaricom and Airtel Kenya as respondents.
The petition is supported by evidence from respected global internet monitoring bodies, including Cloudflare, the Internet Outage Detection and Analysis (IODA) project, and the Open Observatory of Network Interference (OONI).
These institutions documented internet throttling and the blocking of Telegram, a popular messaging platform, without public notice or court orders.
“The internet is no longer a luxury—it is central to political dialogue, economic activity, and even emergency response,” said Kennedy Kachwanya, Chairperson of BAKE. “We are witnessing an alarming trend where digital repression is being weaponised to stifle dissent and control narratives.”
The organisations contend that Kenya’s actions fail to meet the three-pronged constitutional test under Article 24, which demands that any limitation on rights be legal, necessary, and proportionate.
They are seeking a court declaration that any internet shutdowns without proper legal justification constitute unconstitutional abuse of power. The petitioners are also asking the court to order the establishment of transparent oversight and accountability mechanisms to govern future digital disruptions.
The case is being closely watched by digital rights activists and legal experts across the continent, with implications that could redefine the boundaries of state power in the digital era.
“We urge civil society, the media, and international partners to rally behind this cause,” Kachwanya added. “Digital rights are human rights—and they are central to Kenya’s democratic future.”
