Court blocks government, mobile operators from shutting down internet

The parties were blocked from implementing any form of internet shutdown, throttling, or interference with digital communications. This includes social media platforms, telephony services, and data services.

The order will remain in effect pending the hearing and determination of a petition filed by civil society organizations and digital rights advocates.

An order issued by Justice Bahati Mwamuye barred the parties from “unlawfully causing, directing, enforcing, implementing or allowing to be implemented any wholescale shutdown, blockage, denial of access or service, or causing to become offline the internet or internet/data services, telephony services, electronic communication platforms, social media platforms/applications/sites, or similar services and facilities.” 

The ruling follows a petition filed by the International Commission of Jurists (ICJ)–Kenya, the Kenya Union of Journalists, and two other petitioners.

Represented by lawyer Dudley Ochiel, the petitioners argued that the Communications Authority (CA) had previously engaged in unlawful digital interference. They cited instances during the 2023 and 2024 national examinations when Telegram was routinely shut down.

"Then, on 25 June 2024, during the #RejectFinanceBill protests, the Respondents illegally shut down the internet," they stated. 

"The June shutdown coincided with an unprecedented attack on fundamental rights and freedoms, in which nearly 60 Kenyans were killed by state agents."

The petitioners argue that internet freedom in Kenya is increasingly under threat from emerging forms of digital authoritarianism.

Also named as respondents in the case are ICT Cabinet Secretary William Kabogo,  Attorney General Dorcas Oduor.

They further argue that no law or court order sanctioned the June 2024 internet shutdown or the 2023 and 2024 suspension of Telegram. 

Even so, the June 2024 internet shutdown lasted several days causing daily GDP losses of $6.3 million and disproportionately affecting small businesses.

They expressed fear of a repeat of internet shutdown including during the 2027 General Elections, during exams, or in protests. 

'Petitioners seek appropriate reliefs for the 25 June 2024 internet shutdown and the 2023 and 2024 exam-time suspension of Telegram," says lawyer Dudley. It is their argument that they aim to deter future violations.