On 13 May 2025, a case was filed at the High Court at Nairobi by the International Commission of Jurists-Kenyan Chapter (ICJ Kenya), Bloggers Association of Kenya (BAKE), Kenya Union of Journalists (KUJ) and Collaboration on International ICT Policy for East and Southern Africa (CIPESA)against The Communications Authority of Kenya (CA), Attorney-General, Cabinet Secretary Information, Communications and the Digital Economy, Safaricom Limited and Airtel Kenya Limited. (Case Ref. Milimani High Court Constitutional and Human Rights Petition No. 276 of 2025)

The case challenges digital authoritarianism in Kenya. It highlights previous instances of internet shutdowns in Kenya: the shutdown of Telegram during the 2023 and 2024 national exams and the shutdown of the internet on 25 June 2024 during the #RejectFinanceBill protests which was followed by an unprecedented attack on fundamental rights and freedom including loss of life of 60 Kenyans killed by state agents. It argues that the internet shutdowns have significantly impacted human rights, the economy, and democracy and have violated national and international laws governing Kenya. It also expresses concerns that the same could occur during the 2027 general elections, exams, protests or other civic action if not stopped.

In the end, the case seeks several orders from the court. First, it asks for recognition that the right to access the internet is a fundamental right and freedom under the Constitution of Kenya. It further asserts that internet shutdowns violate a range of constitutional rights, including the right to opinion, freedom of expression, media freedom, access to information, freedom of association, assembly and demonstration, political rights, and consumer rights. The case also seeks a prohibition against the government or any relevant agents, including telecommunications companies (telcos), from carrying out internet shutdowns in Kenya. Additionally, it calls for a declaration that telcos violated consumer rights by participating in these shutdowns, and it demands that the telcos involved issue public apologies to their consumers. Lastly, the case seeks the awarding of damages.

In addition to filing the main Petition seeking the above, the Petitioners filed an interim Application for Conservatory Orders stopping any further Internet Shutdowns in Kenya until the matter is heard. The court allowed this application and issued an ex parte court order on 14 May 2025.

The case will be in court on 23 June 2025 to fix a hearing date for the application for conservatory orders. The purpose of the hearing is for the court to determine, after hearing the parties, whether the conservatory orders shall be extended.

Katiba Institute is the 3^rd Interested Party in support of this case. 

See more: Court Order, Internet Shutdown Case