seven prominent organisations have jointly filed a public interest case contesting the unlawful disruption of internet access in Kenya. The case, filed today at the High Court, seeks to defend citizens’ constitutional rights to free expression, media freedom, and access to information in an increasingly digital society.
The petitioners include:
- The International Commission of Jurists, Kenya Section (ICJ Kenya)
- Bloggers Association of Kenya (BAKE)
- Paradigm Initiative (PIN)
- Kenya Union of Journalists (KUJ)
- Katiba Institute
- Law Society of Kenya (LSK)
- Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
Justice Bahati Mwamuye issued interim orders barring the respondents from interfering with internet access pending the determination of the case. This move aims to protect citizens from arbitrary restrictions that have, in recent years, become more frequent and opaque.
The organisations have taken legal action against the Communications Authority of Kenya (CA), the Attorney General, the Cabinet Secretary for Information, Communications and the Digital Economy, Safaricom, and Airtel Kenya.
The lawsuit arises from mounting evidence of deliberate interference with internet connectivity, including throttling and the blocking of Telegram during the 2023 #RejectFinanceBill protests and the 2024 KCSE examinations. The technical evidence supporting these claims has been provided by global internet monitoring platforms including Cloudflare, the Internet Outage Detection and Analysis (IODA) project, and the Open Observatory of Network Interference (OONI).
“These repeated shutdowns constitute a grave violation of Articles 33, 34, and 35 of the Constitution,” said Eric Mukoya, Executive Director of ICJ Kenya. “Kenya is also bound by its obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. It is imperative that digital rights are respected as core human rights.”
The petitioners argue that internet restrictions have disrupted economic activities, education, and emergency response systems, affecting millions of Kenyans. They stress that any limitations on access must pass the legal tests of legality, necessity, and proportionality as outlined in Article 24 of the Constitution—thresholds allegedly disregarded in past shutdowns.
The civil society groups are seeking a judicial pronouncement that arbitrary internet shutdowns are unconstitutional, and are calling for court-mandated systems to ensure oversight, accountability, and transparency in digital governance.
“The outcome of this case will set a critical precedent,” said Kennedy Kachwanya, Chairperson of BAKE. “Connectivity is no longer optional; it is foundational to civic engagement, education, and livelihoods. We urge civil society, the media, and international allies to support this vital fight for Kenya’s digital future.”
