7 organizations have filed a public interest case challenging the blocking and restricting of the Internet in Kenya. This is after the Internet was blocked in Kenya in 2024 and Telegram was restricted in Kenya in 2023 and 2024.
The 7 organizations behind the case are: The International Commission of Jurists, Kenya Section (ICJ Kenya), The Bloggers Association of Kenya (BAKE), Paradigm Initiative (PIN), Kenya Union of Journalists (KUJ), Katiba Institute, The Law Society of Kenya (LSK) and The Collaboration on International ICT Policy for East and Southern Africa (CIPESA).
After the case was filed, High Court Justice Bahati Mwamuye issued orders stopping all the parties that have been sued from interfering with internet access until the case is heard and determined. The five entities that have been sued include; The Communications Authority of Kenya (CA), The Attorney General, The Cabinet Secretary of Information, Communications and the Digital Economy, Safaricom and Airtel Kenya.
The legal action was apparently because of credible evidence of deliberate interference, including internet throttling and the blocking of Social Media platform, Telegram, during the 2023 #RejectFinanceBill protests and the 2024 Kenya Certificate of Secondary Education (KCSE) Examinations. The evidence of the Internet disruptions, for the case, was provided by Cloudflare, IODA and The Open Observatory of Network Interference (OONI).
“As organizations committed to defending civic freedoms, we condemn the escalating use of digital repression to silence dissent, manipulate information flows, and erode democratic participation. Kenya’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights further reinforce the imperative to protect digital rights” said Eric Mukoya, Executive Director, The Kenyan Section of International Commission of Jurists (ICJ Kenya).
Through this case, the seven organizations seek a judicial declaration that internet shutdowns without due process are unconstitutional abuses of state power, alongside court-ordered mechanisms to ensure judicial oversight, transparency and accountability in digital governance.
“The outcome of this case will have far-reaching implications for millions of Kenyans who rely on unimpeded connectivity for livelihoods, education, and civic engagement. We call upon civil society, media partners, and the international community to amplify this crucial fight for digital rights as a cornerstone of Kenya’s democratic future” said Kennedy Kachwanya, Chairperson, Bloggers Association of Kenya (BAKE).