The High Court has issued a conservatory order preventing the government, through the Communications Authority of Kenya (CA), along with mobile service providers that include Safaricom, Airtel Kenya, and other associated agencies, from implementing any internet shutdown.
In a ruling delivered on May 14, 2025, Justice Bahati Mammuye issued orders restraining service providers from initiating, directing, or enforcing any form of internet shutdown, throttling, or denial of access.
“Pending the inter partes hearing and determination of the Petitioners/Applicants’ Notice of Motion Application dated 13/05/2025, a conservatory order be and is hereby issued directing the Respondents, jointly and severally, to collate and preserve all information, documents, material, correspondence, directions, memoranda and such other similar items on or related to the alleged previous wholescale shutdown, blockage, denial of access or service, or causing to become offline as disclosed in the Application and the Petition,” part of ruling read.
The order covers internet and data services, telephony, social media platforms, and all other digital communication channels.
High Court Blocks CA, Safaricom & Airtel
“Pending the inter partes hearing and determination of the Petitioners/Applicants’ Notice of Motion Application dated 13/05/2025, a conservatory order be and is hereby issued restraining the Respondents, jointly and severally, and whether directly or through their employees, servants, agents, their related entities, entities under their regulation or supervision, or entities,” read the ruling.
This ruling follows a petition filed by the International Commission of Jurists (ICJ) Kenya, the Kenya Union of Journalists, alongside two other petitioners who challenged any potential internet shutdown or disruption by the government and service providers.
They argued that internet freedom in Kenya is facing growing threats due to the rise of digital authoritarianism, where governments use technology to control, monitor, or restrict access to digital platforms and online communication.
Further Court Directives
Further, the court stated that the Petitioners must share all the necessary documents including the application, petition, and court order, with the Respondents and Interested Parties by May 15, 2025.
The Respondents and Interested Parties were told to officially respond to the case and submit their replies by June 10, 2025. If the Petitioners want to reply to those responses, they have until June 20, 2025.
The case is set to be heard in court on June 23, 2025.
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Petitioners Arguments Against Safaricom, Airtel & CA
The petitioners argued that the respondents’ actions in shutting down Telegram during the 2023 and 2024 national examinations and the internet shutdown on June 25, 2024, during the #RejectFinanceBill protests, were illegal.
Additionally, the petitioners contend that no law or court order authorized these actions, highlighting the unlawful nature of the disruptions.
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They further argue that the June 2024 internet shutdown was particularly detrimental, lasting several days and causing significant financial losses, with daily GDP losses of $6.3 million. Small businesses, especially those owned by women, were disproportionately affected.
“Fearing repeat internet shutdown including during the 2027 General Elections, exams or protests, Petitioners file this case. Petitioners seek appropriate reliefs for the 25 June 2024 shutdown and aim to deter future violations,” read the petition.
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