The High Court has temporarily barred the government and relevant state agencies from shutting down or interfering with internet access, following growing concerns over digital rights and freedom of expression.
Justice Bahati Mwamuye issued the ruling on Wednesday, May 14, effectively stopping the government, the Communications Authority of Kenya, Mobile Network Operators, and other affiliated stakeholders from executing any internet blackout until a pending case is fully heard and determined.
“Pending the full hearing and determination of the petition filed on May 13, the court hereby issues a conservatory order restraining the respondents, jointly and severally, from unlawfully causing, directing, enforcing, or implementing any wholesale shutdown, blockage, or denial of access to the internet,” the court ruled.
The directive prohibits the implementation of any form of internet shutdown, throttling, or disruption of digital communications.
The ruling follows a petition filed by seven civil society organizations who challenged the government’s history of unexplained internet disruptions, especially during politically sensitive moments such as protests and national exams.
Internet Shutdown Incidents
The petitioners pointed to several incidents, including the throttling of internet speeds by nearly 40 percent during the anti-Finance Bill protests in June 2024—popularly known as the Gen Z protests. Many Kenyans at the time complained of slow internet and inaccessibility across major networks as they tried to broadcast and organize demonstrations online.
Another cited instance occurred during the November 2024 KCSE national exams, when the government blocked access to social media platforms such as Telegram, allegedly to prevent exam leakages. However, the state offered no official clarification or legal basis for the action.
“Then, on June 25, 2024, during the Reject Finance Bill protests, the respondents unlawfully shut down the internet,” the petition stated. “The June shutdown coincided with an unprecedented attack on fundamental rights and freedoms, in which nearly 60 Kenyans succumbed to state agents.”
According to the petitioners, these examples reflect a dangerous trend of “emerging digital authoritarianism” in Kenya, where internet access is being increasingly weaponized to suppress fundamental rights.
The groups expressed fear that future disruptions could resurface during critical moments such as the 2027 general election, future protests, or exam periods—undermining transparency, civic participation, and information access.
Justice Mwamuye not only barred any future shutdowns but also ordered the government to preserve all digital evidence related to past disruptions, warning against the destruction or tampering of such data.
Additionally, the court instructed the petitioners to serve formal court documents to all respondents, including the state, by May 15. The government and other parties named in the suit are required to file their responses by June 10.
The court will reconvene on June 23 to verify whether all parties have complied with these preliminary orders before proceeding to a full hearing of the case.
