The High Court has issued a conservatory order to stop the government, through the Communications Authority of Kenya (CA), and mobile network operators such as Safaricom and Airtel from shutting down or interfering with internet and digital communication services.
Justice Bahati Mwamuye ruled that the parties are prohibited from implementing any internet or digital platform disruption, including blocking access to social media, telephony, and data services. The order will remain in force until a petition filed by civil society groups is heard and determined.
The case was filed by the International Commission of Jurists (ICJ)–Kenya, the Kenya Union of Journalists, and two other petitioners, who lawyer Dudley Ochiel represents. They argue that the CA has a record of unlawful interference, citing internet disruptions during the 2023 and 2024 national exams when Telegram was blocked, and during the June 25, 2024 #RejectFinanceBill protests when the internet was shut down.
The petitioners claim the June shutdown occurred without any legal basis and coincided with a brutal state crackdown that left nearly 60 people dead. They say the shutdown lasted several days, causing an estimated $6.3 million in daily GDP losses and severely impacting small businesses.
The petitioners fear future shutdowns during protests, elections, or exams and are seeking court intervention to prevent further violations.
Also named in the case are ICT Cabinet Secretary William Kabogo and Attorney General Dorcas Oduor.
