By Mahmud Mohammed-Nurudeen
Seven organizations have filed a major public interest case at the High Court in Kenya to challenge the illegal shutdown of the internet in the country. The case is meant to protect the rights of Kenyans to freely access the internet without unfair interference.
The groups behind the case are; the International Commission of Jurists (ICJ Kenya), Bloggers Association of Kenya (BAKE), Paradigm Initiative (PIN), Kenya Union of Journalists (KUJ), Katiba Institute, Law Society of Kenya (LSK), and the Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
They are suing the Communications Authority of Kenya (CA), the Attorney General, the Cabinet Secretary of Information, Communications and the Digital Economy, and two major telecom companies—Safaricom and Airtel Kenya.
Justice Bahati Mwamuye of the High Court has given an important order that all the parties that have been sued must not interfere with internet access until the court hears and decides on the case. This means Kenyans will not face any new internet shutdowns for now.
The organizations say they have strong evidence that shows the government and telecom companies slowed down or blocked internet access during key times. These include the 2023 #RejectFinanceBill protests and the 2024 Kenya Certificate of Secondary Education (KCSE) exams. Evidence was provided by Cloudflare, IODA, and the Open Observatory of Network Interference (OONI).
The groups say internet restrictions in 2023 and 2024 broke the law and violated the Kenyan Constitution. They say it affected freedom of expression (Article 33), media freedom (Article 34), access to information (Article 35), and economic and social rights.
Executive Director of ICJ Kenya, Eric Mukoya, said Kenya has a duty under both local and international law to protect people’s digital rights. “As organisations committed to defending civic freedoms, we condemn the escalating use of digital repression to silence dissent, manipulate information flow, and erode democratic participation. Kenya’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights further reinforce the imperative to protect digital rights.”
He added that internet access today is essential—not a luxury. It helps people share ideas, run businesses, and respond to emergencies.
Chairperson of BAKE, Kennedy Kachwanya, said the case is about the future of Kenya’s democracy adding that, millions depend on the internet for work, learning, and civic participation. Kennedy urged civil society, media, and global partners to support this fight for digital rights.
“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. We call upon civil society, media partners, and the international community to amplify this crucial fight for digital rights as a cornerstone of Kenya’s democratic future,”
The organizations want the court to declare that shutting down the internet without going through proper legal steps is against the Constitution. They also want the court to make sure that there is more transparency, public oversight, and fairness in how internet policies are managed.
The outcome of the case is expected to have a big impact on how digital rights are protected in Kenya going forward.
