High Court Issues Landmark Ruling to Prevent Internet Shutdowns Amid Gen Z Protests
Quote from Lawyer on May 15, 2025, 8:05 amIn a significant victory for digital rights, the High Court in Kenya, presided over by Justice Bahati Mwamuye, has issued conservatory orders barring the government, the Communications Authority of Kenya (CA), the Ministry of Information, Communications, and Digital Economy, and telecommunications companies from disrupting internet services or shutting down social media platforms. The ruling, effective until the case is fully heard and determined, responds to concerns raised by civil society groups about repeated internet restrictions during protests and national events.
The petition, filed by the International Commission of Jurists (ICJ-Kenya), Bloggers Association of Kenya (BAKE), Kenya Union of Journalists (KUJ), and other organizations, highlighted deliberate internet throttling during the 2024 Gen Z protests and the blocking of platforms like Telegram during the 2023 and 2024 Kenya Certificate of Secondary Education (KCSE) examinations. The groups argued that these actions violated constitutional rights to freedom of expression, media freedom, access to information, and the realization of economic and social rights in Kenya’s increasingly digital society.
The court’s orders also mandate the preservation of all data related to past internet disruptions, ensuring transparency as the case progresses. The petitioners expressed fears of potential internet shutdowns during future events, such as the 2027 General Elections or additional protests, citing a pattern of interference in 2023 and 2024.
This ruling underscores Kenya’s growing digital activism, particularly among the youth, and reinforces the judiciary’s role in safeguarding constitutional protections in the digital age. The case will proceed to a full hearing to determine the legality of past and potential future internet restrictions.
In a significant victory for digital rights, the High Court in Kenya, presided over by Justice Bahati Mwamuye, has issued conservatory orders barring the government, the Communications Authority of Kenya (CA), the Ministry of Information, Communications, and Digital Economy, and telecommunications companies from disrupting internet services or shutting down social media platforms. The ruling, effective until the case is fully heard and determined, responds to concerns raised by civil society groups about repeated internet restrictions during protests and national events.
The petition, filed by the International Commission of Jurists (ICJ-Kenya), Bloggers Association of Kenya (BAKE), Kenya Union of Journalists (KUJ), and other organizations, highlighted deliberate internet throttling during the 2024 Gen Z protests and the blocking of platforms like Telegram during the 2023 and 2024 Kenya Certificate of Secondary Education (KCSE) examinations. The groups argued that these actions violated constitutional rights to freedom of expression, media freedom, access to information, and the realization of economic and social rights in Kenya’s increasingly digital society.
The court’s orders also mandate the preservation of all data related to past internet disruptions, ensuring transparency as the case progresses. The petitioners expressed fears of potential internet shutdowns during future events, such as the 2027 General Elections or additional protests, citing a pattern of interference in 2023 and 2024.
This ruling underscores Kenya’s growing digital activism, particularly among the youth, and reinforces the judiciary’s role in safeguarding constitutional protections in the digital age. The case will proceed to a full hearing to determine the legality of past and potential future internet restrictions.