Landmark High Court Ruling Prohibits Arbitrary Internet Shutdowns in Kenya
Kenya's High Court delivered a landmark ruling in late April, permanently prohibiting the government and telecom companies from disrupting internet services without judicial approval. This decision, a major win for digital rights, followed a lawsuit by civil society groups over past shutdowns during protests and exams, ensuring future restrictions require a transparent court process.
In a groundbreaking decision widely celebrated as a monumental victory for digital rights, freedom of expression, and democratic principles in Kenya, the High Court delivered a critical ruling in late April. The judgment unequivocally prohibits the government and telecommunications companies from arbitrarily blocking, throttling, or otherwise disrupting internet services across the country without obtaining explicit and prior judicial approval. This landmark ruling establishes a vital legal precedent, significantly strengthening the safeguards for online freedoms and access to information for all Kenyan citizens.
Justice Bahati Mwamuye, in delivering the verdict, granted a permanent injunction specifically designed to protect and uphold citizens’ fundamental digital rights, which are increasingly seen as integral to modern civic participation. The pivotal case was initiated and brought before the High Court by a determined coalition of civil society organizations and human rights defenders. They sued the state and telecom operators over several past instances of unwarranted internet shutdowns, most notably those that occurred during the highly contentious anti-tax protests of the previous year, and historically, during sensitive periods such as national examination administrations. These prior shutdowns had drawn extensive local and international condemnation for severely infringing upon citizens' constitutionally guaranteed rights to information, freedom of communication, peaceful assembly, and expression. The court's comprehensive order now explicitly forbids major telecommunications operators, including industry leaders Safaricom and Airtel, along with the national ICT regulator, the Communications Authority of Kenya (CA), and any other government officials or agencies, from imposing future internet blackouts or engaging in service throttling. Any such restriction on internet access can now only be implemented through a transparent, legally defined, and judicially sanctioned court process. This ruling is broadly viewed as a crucial and far-reaching step towards ensuring that the internet remains an open, accessible, and free platform for all Kenyans, subject only to lawful, necessary, and proportionate restrictions that are rigorously adjudicated by an independent judiciary, thereby reinforcing the rule of law in the digital sphere.