In a landmark move to safeguard constitutional rights and promote digital freedoms, seven civil society organizations have filed a public interest petition at the High Court challenging the unlawful and arbitrary restriction of internet access in Kenya. The petitioners include:
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The International Commission of Jurists – Kenya Section (ICJ Kenya)
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Bloggers Association of Kenya (BAKE)
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Paradigm Initiative (PIN)
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Kenya Union of Journalists (KUJ)
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Katiba Institute
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The Law Society of Kenya (LSK)
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The Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
Following the filing, Justice Bahati Mwamuye issued interim orders restraining the respondents from interfering with internet access pending the hearing and determination of the case. The orders temporarily shield Kenyans from further arbitrary digital disruptions and affirm the urgency of judicial intervention.
The respondents named in the petition include the Communications Authority of Kenya (CA), the Attorney General, the Cabinet Secretary for Information, Communications and the Digital Economy, and leading telecommunications providers Safaricom and Airtel Kenya.
This litigation is in response to verified reports of internet disruptions, including throttling and the blocking of social media platform Telegram, during the #RejectFinanceBill protests in 2023 and during the 2024 Kenya Certificate of Secondary Education (KCSE) examinations. The evidence was sourced from independent global internet observatories including Cloudflare, the Internet Outage Detection and Analysis (IODA) project, and the Open Observatory of Network Interference (OONI).
These deliberate disruptions constitute serious infringements on fundamental rights enshrined in the Constitution of Kenya, including:
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Freedom of expression (Article 33)
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Media freedom (Article 34)
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Access to information (Article 35)
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Economic and social rights in a digital context (Article 43)
“As organizations committed to the defense of civic space, we are deeply concerned by the rising trend of digital repression aimed at stifling dissent and controlling the public narrative,” said Eric Mukoya, Executive Director of ICJ Kenya. “Kenya is bound by both national law and international obligations, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. The State must uphold digital rights as part of its democratic mandate.”
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The internet has become an essential infrastructure for modern democratic life — enabling education, political engagement, economic participation, and emergency services. Under Article 24 of the Constitution, any limitation of rights must meet strict thresholds of legality, necessity, and proportionality — standards that have been routinely ignored in the cases of recent internet disruptions.
Through this petition, the seven organizations seek judicial declarations that:
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Internet shutdowns and restrictions implemented without due process are unconstitutional;
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Such actions amount to an abuse of power by both public and private entities; and
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Structural safeguards must be introduced to ensure judicial oversight, transparency, and accountability in digital governance.
Kennedy Kachwanya, Chairperson of BAKE, emphasized the broader implications of the case:
“This case is not just about internet access. It is about protecting livelihoods, preserving democracy, and ensuring that all Kenyans—regardless of class or location—have equal access to participate in the digital economy and public discourse. We urge fellow civil society actors, the media, and the international community to stand with us in this critical fight for Kenya’s digital future.”