The High Court in Nairobi has issued an order barring the Communications Authority of Kenya (CA), telecom giants Safaricom and Airtel, and government officials from initiating any form of internet shutdowns or disrupting digital communications until a lawsuit filed by civil society groups is fully resolved.

The case, filed by the International Commission of Jurists, Kenya Union of Journalists (KUJ) and other petitioners, accused the CA, Safaricom and Airtel of violating constitutional rights to free expression and access to information through internet restrictions during last year’s youth-led protests.

In their court documents, which list ICT Cabinet Secretary William Kabogo, Attorney General Dorcas Oduor, and the regulatory body among respondents, the petitioners said that the June 2024 internet blackout stifled communication and coincided with a violent state crackdown that left nearly 60 Kenyans dead.

“The respondents illegally shut down the internet, undermining fundamental rights and freedoms,” they told the court, emphasising that such actions contravene Kenya’s constitutional guarantees and international human rights standards.

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Represented by lawyer Dudley Ochiel, the rights groups further cited the suspension of Telegram during the 2023-2024 national exams, revealing that the shutdowns, which lasted several days, inflicted daily GDP losses of $6.3 million, disproportionately harming small businesses and women.

“No law or court order sanctioned these disruptions,” Ochiel argued, describing the actions as part of a broader rise in “digital authoritarianism” in the country.

Justice Bahati Mwamuye has now issued the interim orders, prohibiting the CA from directing telecoms to disrupt internet access during protests or emergencies without court approval, pending a full hearing of the case.

While the CA had defended its past actions as necessary for national security, Safaricom and Airtel have not yet responded to the ruling.

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