Kenya must obey court orders and #KeepItOn during protests

We, the undersigned organisations and members of the #KeepItOn coalition — a global network of over 345 organisations from 105 countries working to end internet shutdowns — condemn a move by authorities to block the messaging app, Telegram. The blocking is in direct violation of a High Court injunction preventing the Kenyan government from interfering with access to the internet and Telegram. The blocking comes amidst protests against extrajudicial killings as the country marks a year since the finance bill protests that saw more than 60 people killed and hundreds more injured.

Data captured by the Open Observatory of Network Interference (OONI) platform showed a disruption affecting Telegram for several hours starting June 25 at 14:50 local time on at least three networks in Kenya, two of which are associated with Safaricom (one of the biggest internet service providers in the country). Several reports on X  indicated that the platform could only be accessed through the use of Virtual Private Networks (VPNs), which enable people to bypass the blocking. The Telegram blocking coincided with a directive from the Communications Authority to all media houses to stop live broadcasts of the protests.

Social media and messaging platforms like Telegram have become an integral part of Kenyan society, playing a significant role in communication, information dissemination, business, and social change. Its impact is felt across various aspects of life, from connecting with friends and family to influencing political discourse and driving economic opportunities. 

Measures to intentionally prevent or disrupt access to or the dissemination of information online are in violation of international human rights law. Blocking access to essential platforms that facilitate the exercise of rights and freedoms, including freedom of expression and access to information, is a violation of Articles 33 and 35 of the Constitution of Kenya as well as international human rights standards. The blocking of Telegram also comes at a time when an injunction is in place against Government agencies and telecommunication companies from restricting and shutting down the Internet following a constitutional petition challenging the legality of previous internet shutdowns. The petition also seeks to declare any attempt to shut down the internet by the government unconstitutional.

Internet shutdowns are disproportionate and contravene regional and international human rights frameworks. Kenya is a signatory to various frameworks, including the African Charter on Human and Peoples’ Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR), both of which explicitly protect the right to freedom of expression and access to information. In 2019, the ACHPR’s Declaration of Principles on Freedom of Expression and Access to Information in Africa called on states not to “engage in or condone any disruption of access to the internet and other digital technologies for segments of the public or an entire population.” 

We demand that Kenyan authorities uphold human rights, restore full internet access, and refrain from imposing any future shutdowns in the country.

Signatories