The High Court has issued a decisive ruling preventing the government and the Communications Authority of Kenya (CA) from imposing internet shutdowns, throttling, or any form of interference with digital communications. Justice Bahati Mwamuye delivered the ruling, ensuring uninterrupted internet access for Kenyans until a pending case is fully resolved.
Internet Shutdowns Temporarily Blocked
In a conservatory order issued on Wednesday, the court barred all parties involved from engaging in any activities that could disrupt internet access.
“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,” stated Justice Mwamuye.
Petition Filed by Civil Society
The ruling follows a petition filed by seven civil society organizations, citing increasing instances of internet disruptions in Kenya. They argued that such actions undermine internet freedoms and violate fundamental rights.
Key instances highlighted in the petition include:
- June 2024 Protests: During the anti-finance bill demonstrations, internet speeds were throttled by up to 40%, impacting major networks.
- KCSE Exam Period: In November 2024, the government blocked access to several social media platforms under the guise of curbing exam leakages, raising questions about the justification for such actions.
The petitioners expressed concerns over what they termed “digital authoritarianism,” warning of the growing threat to internet freedom in Kenya.
A Step Toward Digital Freedom
This landmark ruling is seen as a significant step in protecting digital rights in Kenya. The court emphasized the importance of internet access as a fundamental right in today’s interconnected world.
Civil society groups have lauded the decision, calling it a win for democracy and the rule of law. They argue that access to the internet is crucial for freedom of expression, information sharing, and economic development.
What’s Next?
The case will now proceed to a full hearing, where the court will decide whether the government’s actions in past disruptions were lawful and whether further safeguards are needed to protect internet freedom in the country.
