Reveal the person who ordered shutdown, rights groups tell internet service providers

An anti-riot police officer on guard as Kenyans took to the streets protesting against the Finance Bill 2024 on July 2, 2024. [Denis Kibuchi, Standard]

A section of Digital Rights groups now wants internet service providers to tell Kenyans who ordered for the shutdown last week during the reject Finance Bill protests.

The groups said in light of the prevailing circumstances, it is important that Safaricom, Airtel, and other internet service providers clarify who gave the orders for the shutdown and whether there was any official documentation or directive from the government or regulatory bodies.

Led by KICTANet, Paradigm Initiative, CIPESA, AIRA, and Internet Society of Kenya Chapter, the groups said the Communications Authority of Kenya as the sector regulator should clarify its role during the internet shutdown, and how their actions aligned with its prior commitment to Keep It On.

While criticizing the government over the move, the groups said it is unfortunate that last week despite assurance from the Communications Authority of Kenya that internet access would not be restricted during the protests, the events of June 25 paint a contrary picture with massive internet shutdown across the country.

The groups said the action violates provisions of the Constitution of Kenya and international human rights law, which guarantee fundamental rights and freedoms, including freedom of expression, access to information, and peaceful assembly.

In a statement to newsrooms, the groups said global internet observatory NetBlocks confirmed an Internet outage on June 25, 2024, with Kenyan telecommunication companies Safaricom and Airtel attributing the disruptions to ‘outages on undersea cables’.

According to the group, the government of Kenya, including the Ministry of ICT and Digital Economy and the Ministry of Interior should provide a comprehensive explanation regarding the internet shutdown.

The group said these ministries must ensure transparency and accountability by disclosing any directives issued and the rationale behind them.

“We call on these ministries to reaffirm their commitment to upholding the constitutional rights of freedom of expression, access to information, and peaceful assembly, and to take necessary measures to prevent future disruptions,” read part of a statement to newsrooms.

The group said a day earlier, the CA Director General acknowledged that internet shutdowns would sabotage the fast-growing digital economy and stated that "CA has no intention whatsoever to shut down Internet traffic or interfere with the quality of connectivity”. However, the disruptions experienced by Kenyans contradict this statement.

They said while the exact cost of the recent internet disruption is yet to be established, the Internet Society estimates that such an outage could cost Kenya's economy $6.3 million in lost GDP each day.

During the disruptions, mobile money services, credit and debit card transactions, and e-commerce platforms were all inaccessible.

“We firmly denounce the arbitrary restriction of the Internet. An open and accessible Internet is crucial for economic development, social progress, and a strong democracy,” read the statement in part.

The group said the government must be reminded that the Access to Information Act 2016, Part II, Section 4, provides that every citizen has the right of access to information held by (a) the state; and (b) another person where that information is required for the exercise or protection of any right or fundamental freedom.

“Unimpeded communication and government accountability are the cornerstone of a functioning democracy hence the government of Kenya must be transparent on the role played in the disruption of the Internet on June 25, 2024,” the statement read.