The High Court has issued a conservatory order restraining the Kenyan government, the Communications Authority (CA), and telecom giants Safaricom and Airtel from enforcing any form of internet shutdown, throttling, or disruption.
Justice Bahati Mammuye’s ruling followed a petition by the International Commission of Jurists (ICJ) Kenya and the Kenya Union of Journalists, who challenged what they termed the state’s creeping embrace of digital authoritarianism.
The petitioners cited previous blackouts, like the Telegram block during national exams and the June 25, 2024, internet shutdown during anti-Finance Bill protests, as unconstitutional and economically devastating.
The court ordered all relevant players to preserve all communication records and directives related to past shutdowns. Respondents must file their defences by June 10, while the case will be heard on June 23.
Critics say the state’s digital crackdowns mirror authoritarian regimes, with the petition warning of similar tactics ahead of the 2027 elections.
The June 2024 shutdown alone reportedly caused $6.3 million in daily GDP losses, disproportionately hurting small businesses, especially those run by women.
“This is not just about access to the internet. It’s about preserving democratic space,” said one petitioner.
The ruling is being hailed as a major victory for digital rights, but it also raises uncomfortable questions: Why was such power ever exercised in secrecy and without court oversight?
Kenya, long considered a regional tech hub, now finds itself grappling with the same digital control tactics it once condemned.
