Just hours after the Communications Authority had assured Kenyans that there will be no internet shutdowns, On June 25, 2024, Kenya experienced a massive internet disruption amidst nationwide protests against the Finance Bill 2024.
The shutdown, which lasted several hours, raised serious concerns about its constitutionality and the impact on daily operations.
Kenya’s constitution protects freedom of expression and access to information under Articles 33 and 35 and the shutdown is a violation of these constitutional rights.
For instance, Article 33 of the Kenyan Constitution guarantees every person the right to freedom of expression, which includes the freedom to seek, receive, or impart information or ideas. Therefore, an internet shutdown disrupts this fundamental right by preventing individuals from accessing, sharing, and receiving information online. This restriction impedes the ability of citizens to engage in public discourse and express their views on social and political matters.
Article 34 ensures freedom of the media, including the prohibition of state control over or interference with any person engaged in broadcasting, production, or circulation of any publication or dissemination of information by any medium. An internet shutdown constitutes state interference with the media’s ability to disseminate information through digital platforms, undermining the freedom of the press and the public’s right to information.
Article 35 provides the right of access to information held by the state and any information that is held by another person and required for the exercise or protection of any right or fundamental freedom. An internet shutdown directly contravenes this right by blocking access to information that is typically available online, thereby denying citizens their constitutional entitlement to information
The recent internet shutdown severely disrupted normal operations across Kenya. Key services, including mobile money transactions via M-PESA, online banking, and e-commerce platforms, were rendered inaccessible. This disruption highlighted the critical role of internet connectivity in modern Kenya, affecting everything from business operations to emergency services.
The shutdown also prevented real-time updates, mobilization of protestors, and access to emergency services, showcasing how such actions impede constitutionally protected rights and freedoms.
Economic implications were also significant. The Internet Society estimated that Kenya’s economy could lose up to $6.3 million per day due to such outages. Businesses relying on digital transactions faced substantial losses, and individuals were cut off from essential communication channels during a critical time, X was the most affected. The shutdown underscores the dependency on digital connectivity for civic engagement and daily activities which we highly condemn.