The Issue:
Seven prominent organizations have filed a landmark lawsuit against Kenyan authorities and telecom companies over unlawful internet disruptions, seeking to uphold digital rights and accountability.
Key Players:
– Plaintiffs: ICJ Kenya, Bloggers Association of Kenya (BAKE), Paradigm Initiative (PIN), Kenya Union of Journalists (KUJ), Katiba Institute, Law Society of Kenya (LSK), and CIPESA.
– Defendants: Communications Authority of Kenya (CA), Attorney General, Cabinet Secretary for ICT, Safaricom, and Airtel Kenya.
The Petition:
– Internet throttling and blocking of Telegram during the 2023/2024 KCSE exams and #RejectFinanceBill protests (June 2024).
– Evidence from Cloudflare, IODA, and OONI confirms violations of constitutional rights.
Court Action:
– High Court Justice Bahati Mwamuye issued an interim order barring further internet interference until the case is resolved.
Why It Matters:
The disruptions violated Kenya’s Constitution, including:
– Freedom of expression (Article 33)
– Media freedom (Article 34)
– Access to information (Article 35)
– Economic & social rights in a digital society
What they are saying:Â Â
“We condemn the escalating use of digital repression to silence dissent and erode democracy.” Eric Mukoya, ICJ Kenya
The Ask:
– A judicial declaration that shutdowns without due process are unconstitutional.
– Court-ordered safeguards for transparency and accountability in digital governance.
The Impact:
“This case will shape digital rights for millions who rely on the internet for livelihoods, education, and civic engagement.” Kennedy Kachwanya, BAKE
What’s Next:
The interim order protects Kenyans from disruptions as the case proceeds potentially setting a precedent against arbitrary internet restrictions. Â
Stay Updated: Follow ICJ Kenya, BAKE, and partners for developments in this pivotal fight for Kenya’s digital future.
