Seven civil society organizations in Kenya have filed a legal challenge against the government’s recent internet shutdown and alleged interference with digital communications during protests. The organizations argue that these actions violate constitutional rights, including freedom of expression, access to information, and media freedom.
The lawsuit was filed by a coalition including the Kenya Human Rights Commission (KHRC), Amnesty International Kenya, Article 19 Eastern Africa, the Kenyan Union of Journalists (KUJ), and the Law Society of Kenya (LSK).
Government actions challenged include:
- Internet throttling and shutdowns
- Switch-off of broadcast stations
- Suspension of short code services
The legal arguments include:
- Violation of Article 33 (freedom of expression), Article 34 (media freedom), and Article 35 (access to information) of Kenya’s Constitution
- Lack of transparency and due process in imposing restrictions
- Economic harm caused by internet disruptions
The government justification for these actions is cited as public safety and national security concerns.
The case could set a precedent for digital rights in East Africa and highlights growing tensions between digital freedoms and government control during periods of political unrest in Kenya. Kenya joins other African nations (like Nigeria, Sudan, and Uganda) facing legal battles over internet shutdowns, potentially setting a precedent for digital rights in East Africa. This legal battle highlights growing tensions between digital freedoms and government control during periods of political unrest in Kenya.
The High Court is expected to hear the case urgently, and activists seek:
- An injunction to prevent future shutdowns
- A declaration that such actions are unconstitutional