ARTICLE 19 expresses deep concern over the nationwide internet restrictions in Kenya on 25 June 2024, as well as alleged online surveillance, including reports that security agencies are using technology to locate and then abduct protesters. Internet shutdowns are a grave violation of freedom of expression, the right to protest, and the right to access crucial information – especially vital for verifying potential disinformation and accessing information to keep people safe during the current crisis.
On 25 June 2024, from approximately 4:30 pm EAT, people in Kenya were unable to access the internet, despite the Communications Authority of Kenya’s assurance that they would not shut down access. Two telecommunication service providers, Airtel and Safaricom, claim that the interruption in connectivity was due to an undersea cables outag. IODA and Cloud Flare stated the lack of access could have been due to the ongoing protest or the undersea cable outage, while NetBlocks attributed the restriction on an unscheduled maintenance that coincided with the point at which the protesters entered parliament grounds.
On 24 June 2024, ARTICLE 19 Eastern Africa, jointly with other civil society organisations, called on the government to ensure the internet remained accessible. There were fears that the government contemplated enforcing an internet shutdown on 25 June 2024 during the demonstrations, which have been referred to as the #RejectFinanceBill2024 Protests.
‘The internet has provided the Kenyan youth with a platform to organise social movements calling for government accountability, such as the #RejectFinanceBill2024. Restricting the internet is inconsistent with Kenya’s international human rights obligations, and the government must ensure Kenyan citizens’ voices are heard online,’ said Mugambi Kiai, Regional Director, ARTICLE 19 Eastern Africa.
The role communications companies play in these protests is not only about internet connectivity. Safaricom, Kenya’s dominant telecommunications provider, has been blamed for sharing data with law enforcement agencies to facilitate the surveillance and abduction of people linked to the anti-finance bill movement. Safaricom has denied these claims, but the Office of the Data Protection Commissioner has yet to investigate the complaints. As of 27 June 2024, some abducted protesters linked to the movement are still missing.
‘The alleged sharing of subscribers’ data with law enforcement agencies, in the absence of judicial orders, constitutes a gross contravention of the right to privacy under Article 31 of the Constitution of Kenya and the Data Protection Act. We reiterate that businesses are responsible for respecting human rights under the UN Guiding Principles on Business and Human Rights,’ added Mugambi.
ARTICLE 19 Eastern Africa demands that;
- The government must refrain from tampering with internet connectivity and enforcing restrictions on access to social media sites.
- The government must immediately cease abductions of protesters and ensure those who remain in custody are either released or are brought before a court that follows due process.
- The Office of the Data Protection Commissioner must open an investigation into complaints against Safaricom’s data protection breach.
- Telecommunication companies must push back against orders to share their customers’ data without court orders.