In a landmark ruling, the High Court of Kenya has prohibited the government, telecommunications companies Safaricom and Airtel, and the Communications Authority (CA) from interfering with internet access. The decision is a major victory for digital rights advocates in Kenya, one of East Africa’s most digitally connected nations.
The ruling stems from a legal challenge filed by seven civil society organisations: the International Commission of Jurists (Kenya Section), Bloggers Association of Kenya (BAKE), Paradigm Initiative, Kenya Union of Journalists, Katiba Institute, Law Society of Kenya, and CIPESA. These groups sued the CA, the Attorney General, the Ministry of ICT, and leading telcos over the legality of past and potential internet shutdowns.
On May 14, Justice Bahati Mwamuye issued an interim order restraining the respondents and their agents from disrupting digital communications, including internet access and phone calls, pending the full hearing of the case. The judge also mandated the preservation of all documentation related to previous internet disruptions, allowing for further legal scrutiny.
Justice Mwamuye’s ruling explicitly forbids any form of “shutdown, blockage, denial of access or service,” setting a significant precedent. The petitioners argue that previous internet blackouts violated constitutional rights such as freedom of expression, access to information, media freedom, and the right to economic participation. They also cited Kenya’s obligations under international legal frameworks including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
According to James Wamathai, Director of Partnerships and Advocacy at BAKE, “We got orders blocking everyone we sued from restricting internet in any way or form. They are also not allowed to limit phone calls.”
The case highlights concerns over internet restrictions imposed during key national moments, such as the 2024 #RejectFinanceBill protests and pre-college exams, during which platforms like Telegram were reportedly throttled or blocked. Authorities claimed these restrictions were to curb cheating, but rights groups see them as an overreach of power.
The petitioners are asking the court to declare such shutdowns unconstitutional and are seeking the establishment of judicial oversight mechanisms to ensure transparency and accountability in digital governance going forward.
Kennedy Kachwanya of BAKE emphasized the broader implications, stating, “The outcome of this case will have far-reaching implications for millions of Kenyans who rely on unimpeded connectivity for livelihoods, education, and civic engagement.”
The next hearing is scheduled for June 23.
