As Kenya crosses the halfway mark of 2025, the country’s digital freedoms reflect a delicate balance between progress and challenge. While civil society and the judiciary have made strides in protecting access to information and freedom of expression online, emerging legislative proposals and ongoing threats to connectivity underscore the need for continued vigilance.
One of the most significant developments in early 2025 was the High Court issuing a ruling reinforcing the constitutional right to access the internet in response to our May petition challenging arbitrary internet shutdowns during protests in late 2024. Several Civil society groups had long warned that shutdowns disproportionately affect the poor, disrupt commerce, and silence dissent. The court’s injunction against blanket network disruptions was positive signal that Kenya’s judiciary is ready to defend digital rights. This follows similar regional jurisprudence, such as the ECOWAS Court ruling against Senegal’s internet shutdowns in 2023, which also recognized access to the internet as a fundamental right.
Despite these gains, Kenya’s digital freedoms face headwinds from proposed laws in Parliament. The ongoing review of the Cybercrime (Amendment) Bill and the Kenya Information and Communications Amendment (KICA) Bill has raised concerns about the outcomes once they become laws. The bills contain provisions that risk expanding surveillance powers and introducing vague definitions of “harmful content” that could be weaponized against dissenting voices. For example, the KICA Bill’s proposed mandatory age verification and personal data collection by ISPs could lead to privacy infringements and digital exclusion, especially for marginalized communities.
Another important feature of Kenya’s digital rights landscape in 2025 is the renewed emphasis on digital inclusion. With about 40 million internet users, Kenya still has significant populations especially in rural areas and informal settlements facing barriers such as cost, infrastructure, and digital literacy. In early 2025, several youth-led digital literacy programs focused on combating misinformation and harmful speech were launched, recognizing that inclusion is not just about access but also about the ability to navigate the online world safely and critically.
Additionally, Kenya’s rollout of its National AI Strategy 2025–2030 marked a milestone in digital policy. The strategy aims to foster AI innovation while safeguarding data privacy and transparency. The Kenya Bureau of Standards’ Draft AI Code of Practice, still pending adoption, includes principles like accountability and citizen rights in AI systems.
While these frameworks promise to position Kenya as a leader in responsible AI development. However, experts caution that implementation will require ongoing oversight to prevent unintended harms such as biased algorithms or invasive data collection.
Kenya’s digital freedoms at mid-2025 aptly reflect the tensions between expanding rights and new threats. The judiciary has shown promise as a defender of access and expression, yet legislation still poses risks of undermining these freedoms.