#KeepItOn: authorities in Kenya must restore access to Telegram and protect people’s rights

11 November 2024

To:

David Mugonyi, Director General, Communications Authority of Kenya (CA)

Peter Ndegwa, Chief Executive Officer, Safaricom PLC,

Ashish Malhotra, Managing Director, Airtel Kenya,

Mugo Kibati, Chief Executive Officer, Telkom Kenya,

cc: 

Hon. Margaret Nyambura Ndung’u, Cabinet Secretary for Information, Communications and the Digital Economy

Hon. Florence Kajuju, Chairperson, the Commission on Administrative Justice (Office of the Ombudsman)

RE: The Blocking of Telegram by the Kenyan Government

We, the undersigned organisations and members of the #KeepItOn coalition — a global network of over 334 organisations from 105 countries working to end internet shutdowns — write to seek clarification on the ongoing disruption of the digital communications application, Telegram, in Kenya reportedly ordered by the Communications Authority (CA) throughout the Kenya Certificate Secondary Education (KCSE) examination period in the country.

Data collected by the Open Observatory of Network Interference (OONI) platform shows an ongoing disruption affecting Telegram, starting from at least 7 November 2024, on Safaricom during the examination hours. This is the second time in as many years that access to Telegram is being blocked in Kenya during national examinations. In 2023, reports indicated this measure was in an effort to curb exam cheating; evidence has shown time and again that internet shutdowns are an ineffective and disproportionate measure against exam cheating and authorities in Kenya must stop this trend. In June this year, authorities again shut down access to the internet to quell the “Reject Finance Bill” protests in the country despite a public commitment from the Communications Authority that they would not interfere with internet connectivity. Given the timing of this year’s disruption during national exams, similarities to last year, and the news reporting of a blocking order issued by the CA, we are forced to assume — absent transparency or disclosures from the government — that the CA has ordered Telegram blocked.

It is concerning to see Kenya, a member of the Freedom Online Coalition — a network of 41 governments championing internet freedom globally — which used to be an example of countries advancing digital innovation and rights, turn away from human rights and falling into a dangerous pattern of shutting down internet access and digital platforms during important national events. The government of Kenya has recently committed to the United Nations Global Digital Compact, which in paragraph 29(d) states commit to “….refrain from internet shutdowns and measures that target internet access (SDG 16).”

Social media platforms like Telegram have become an integral part of Kenyan society, playing a significant role in communication, information dissemination, business, and social change. Its impact is felt across various aspects of life, from connecting with friends and family to influencing political discourse and driving economic opportunities.

Measures to intentionally prevent or disrupt access to or the dissemination of information online violate international human rights law. Blocking access to essential platforms that facilitate the exercise of rights and freedoms including freedom of expression and access to information is a violation of Articles 33 and 35 of the Constitution of Kenya, 2010 as well as international human rights standards that provide for these rights.

We therefore demand clarification as to why Telegram is inaccessible on the Safaricom network in Kenya. In accordance with Article 35 of the Constitution of Kenya, 2010, and the Access to Information Act 2016, we wish to request the following within seven days:

• Information on which law/policy/regulation was relied upon to block Telegram in Kenya;
• Information on when the blockade will be lifted; and
• Information on which Government agency, if any, directed that Telegram be blocked in Kenya.

Signatories