REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
HCCHRPET/ /2025
INTERNATIONAL COMMISSION OF JURISTS
KENYA SECTION (ICJ KENYA) ……………..………..……………………………1ST PETITIONER
BLOGGERS ASSOCIATION OF KENYA (BAKE)………………………….…2ND PETITIONER
KENYA UNION OF JOURNALISTS (KUJ)..……………………………………3RD PETITIONER
COLLABORATION ON INTERNATIONAL ICT POLICY FOR EAST AND
SOUTHERN AFRICA (CIPESA).………………………………………….…………4TH PETITIONER
AND
COMMUNICATIONS AUTHORITY OF KENYA (CA)…………………..1ST RESPONDENT
ATTORNEY GENERAL……………………………………………………….…….2ND RESPONDENT
CABINET SECRETARY INFORMATION, COMMUNICATIONS
AND THE DIGITAL ECONOMY…………….………………….……………….3RD RESPONDENT
SAFARICOM LTD………………………………………………………..……………4TH RESPONDENT
AIRTEL KENYA LTD…………………………………………….……………………5TH RESPONDENT
PARADIGM INITIATIVE (PIN)..…………………………………………1ST INTERESTED PARTY
LAW SOCIETY OF KENYA………………………….……………………2ND INTERESTED PARTY
KATIBA INSTITUTE………………………………………….………………3RD INTERESTED PARTY
CERTIFICATE OF URGENCY
I Ochiel Dudley, Advocate, certify this matter urgent because:
1. The internet enables the enjoyment of rights and freedoms while
enhancing transparency and accountability in public and private spheres.
Therefore, internet shutdowns are powerful markers of sharply
deteriorating human rights situations. Internet shutdowns also have
major economic costs for all sectors, disrupting for example financial
transactions, commerce and industry.
2. Yet, in Kenya, internet freedom is increasingly imperilled by emerging
digital authoritarianism. First, Respondents have, during the 2023 and
2024 national examinations routinely shut down Telegram. Then, on 25
June 2024, during the #RejectFinanceBill protests, the Respondents
illegally shut down the internet. The June shutdown coincided with an
unprecedented attack on fundamental rights and freedoms in which
nearly 60 Kenyans were killed by state agents.
3. 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. The matter is urgent because of the harmful effect of
internet shutdowns on human rights, the economy and democracy.
Dated at Nairobi on 13 May 2025