High Court Justice Bahati Mwamuye has ordered the government, the Communications Authority of Kenya and relevant stakeholders not to shut down the internet.
In a ruling delivered on Wednesday, May 14, the judge restrained the government and all relevant stakeholders from shutting down the internet until a case filed on the matter was resolved.
The parties were blocked from implementing any form of internet shutdown, throttling, or interference with digital communications.
"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," the ruling declared in part.
The ruling follows a petition that was filed by seven civil society organisations challenging the unlawful disruption of internet access in Kenya, especially during last year's Gen Z protests.
There have been several instances where Kenyans complained of internet disruptions. During the anti-finance bill protests in June, internet access was throttled, reducing speeds by nearly 40 per cent across major networks.
The government blocked access to some social media sites during the Kenya Certificate of Secondary Education (KCSE) exams in November 2024 as well. This was reportedly done to curb exam leakages, but no further official justification was provided.
The petitioner cited these two instances while arguing that internet freedom in Kenya is increasingly under threat from emerging forms of digital authoritarianism.
"Then, on June 25, 2024, during the Reject Finance Bill protests, the Respondents unlawful shut down the internet," they stated.
"The June shutdown coincided with an unprecedented attack on fundamental rights and freedoms, in which nearly 60 Kenyans succumbed to state agents," the petitioners argued.
The petitioners expressed fear of a repeat of the internet shutdown, including during the 2027 general election, during exams, or in protests.
In the ruling, the judge ordered the government not to tamper with or destroy any evidence related to past internet disruptions.
The court also ordered the petitioners to officially serve the court papers on the government and other involved parties by May 15. The government and other respondents must respond to the case by June 10.
The court will then check if everyone has complied with the ruling in a court session that will be held on June 23.
