NAIROBI, Kenya – In recent years, instances of internet shutdowns have become a tool for governments worldwide to control information flow and suppress dissent. Kenya, known for its robust digital ecosystem and active civil society, has not been immune to this trend.
During periods of heightened political tension and anti-government protests, the Kenyan government has, at times, resorted to shutting down the internet. This practice has significant implications for digital rights, freedom of expression, and democratic processes, both locally and in the broader regional and international contexts.
On a local level, internet shutdown in Kenya severely undermine the fundamental rights of citizens. The Constitution of Kenya (2010) guarantees the right to freedom of expression, access to information, and peaceful assembly. An internet shutdown directly contravenes these constitutional protections by preventing citizens from accessing information, communicating, and organizing peacefully.
The internet is a crucial platform for the free exchange of ideas and access to information. Shutting it down stifles the ability of individuals and the media to report on events, share opinions, and access diverse viewpoints.
This creates an information vacuum that can lead to misinformation and panic.Kenya’s economy is heavily reliant on digital services. Cases of Internet shutdown disrupt businesses, particularly those in the tech and financial sectors, leading to significant economic losses. Small and medium enterprises, which depend on online platforms for sales and marketing, are disproportionately affected.
At the height of the Gen Z demonstrations, protesters relied on the internet to advocate for an organized peaceful anti-finance bill 2024 demonstration. The internet is also vital for maintaining social connections. During protests, it serves as a critical tool for ensuring safety and coordinating peaceful demonstrations. Shutdowns can hinder these efforts, potentially leading to increased violence and chaos.
Regionally, internet shutdowns set a dangerous precedent in East Africa, where several countries are grappling with political instability and human rights challenges. Kenya, often seen as a regional leader in digital innovation, risks damaging its reputation and encouraging similar actions by neighbouring governments.
By resorting to internet shutdowns, Kenya undermines its position as a promoter of human rights and democratic values in the region. This can embolden other governments to adopt similar tactics, further eroding digital rights and democratic norms in East Africa.
East African economies are increasingly interconnected. Internet disruptions in Kenya can have ripple effects throughout the region, impacting trade, investment, and economic growth. Consistent and reliable internet access is crucial for regional economic integration and development.
Internationally, internet shutdowns violate several human rights instruments to which Kenya is a party. These include the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the African Charter on Human and Peoples’ Rights.
Article 19 of the UDHR and Article 19 of the ICCPR guarantee the right to freedom of expression and access to information. Internet shutdowns are a clear violation of these rights. The African Commission on Human and Peoples’ Rights has also condemned internet shutdowns, recognizing them as a breach of the right to freedom of expression.
Internationally, there is a growing movement advocating for digital rights and an open internet. Kenya’s actions draw criticism from global human rights organizations and digital rights advocates. This not only tarnishes the country’s international image but also isolates it from the global community pushing for internet freedom.
Multinational companies and investors rely on stable internet access to operate efficiently. Frequent internet shutdowns can deter foreign investment and hinder Kenya’s participation in the global digital economy.
The practice of internet shutdowns during anti-government protests in Kenya has far-reaching implications that extend beyond the immediate suppression of dissent. Locally, it infringes on constitutional rights, disrupts the economy, and undermines social cohesion. Regionally, it sets a troubling precedent that can destabilize neighbouring countries and hinder economic integration. Internationally, it violates human rights standards and damages Kenya’s reputation as a leader in digital innovation.
To safeguard digital rights and uphold democratic values, the Kenyan government must refrain from using internet shutdowns as a tool of control. Instead, it should engage with civil society, address the root causes of dissent, and promote open dialogue and transparency. By doing so, Kenya can strengthen its democratic institutions, protect human rights, and continue to be a beacon of digital progress in the region.
Charles Jaika is a lawyer and a Digital Rights Champion working at ICJ Kenya. This article was first published on the Standard Newspaper.
