Kenya Court Bars Internet Shutdowns Amid Civil Society Legal Challenge

AFRICAN BUSINESS AND ECONOMYMay 21, 2025 at 10:58 AM UTC

TLDR

Kenya’s High Court has issued a temporary order preventing the government, telecom operators Safaricom and Airtel, and the Communications Authority from disrupting internet access
The ruling comes after seven civil society groups filed a lawsuit against state actors and telecom firms
The suit cites incidents such as the 2024 #RejectFinanceBill protests and pre-college exams, during which access to apps like Telegram was reportedly blocked

Kenya’s High Court has issued a temporary order preventing the government, telecom operators Safaricom and Airtel, and the Communications Authority from disrupting internet access. The ruling comes after seven civil society groups filed a lawsuit against state actors and telecom firms, challenging past and potential internet shutdowns.

Justice Bahati Mwamuye issued the directive on May 14, prohibiting any interference with internet access, mobile networks, or digital communication services until the full case is heard. The petitioners include the International Commission of Jurists (Kenya), Bloggers Association of Kenya (BAKE), and the Katiba Institute, among others.

The judge also ordered the preservation of all records relating to past internet disruptions. The suit cites incidents such as the 2024 #RejectFinanceBill protests and pre-college exams, during which access to apps like Telegram was reportedly blocked. The court will hear the case next on June 23.

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Points clés à retenir

This lawsuit marks a rare legal challenge to state control over digital infrastructure in East Africa. Kenya has seen internet throttling during sensitive political and academic events, raising concerns about misuse of regulatory power. Data from monitoring groups like Cloudflare and the Open Observatory of Network Interference (OONI) has shown clear patterns of digital disruption. Civil society organisations argue that such actions violate rights under Kenya’s Constitution and international human rights treaties. Their demands include a judicial framework to ensure transparency and oversight of digital governance decisions. If successful, the case could set a precedent limiting the ability of governments to cut or control internet access without court approval. It also reflects growing regional attention to internet freedom, especially as mobile and online platforms become critical for economic activity and civic participation.

Kenya

Economy

Internet Ban

Telecommunications