Last month, Kenya faced a massive wave of demonstrations against the Finance Bill 2024, now withdrawn, which proposed to increase taxes. The protests, which were repressed by the government, left 39 citizens dead and over 350 injured. The Finance Bill 2024 introduced several controversial measures that sparked widespread public outrage, including proposals to tax everyday essentials such as eggs, cooking oil, bread and diapers, perceived as burdensome to the already strained economic conditions of many Kenyans.
As a result, various civil society groups mobilised to organise peaceful demonstrations that began on June 18. Mobilisation took place both offline and online. Social media played a pivotal role, not only in coordinating these efforts but also as a place of protest in its own right. The hashtag #RejectFinanceBill2024 gained significant traction, videos went viral exposing the flaws in the bill, youth sought to disseminate analysis of the legislation that could be understood in local languages and also in short social media posts, and even a chatbot was created to provide information on the details of the proposed law. Crowdfunding was organised online to support participation in protests, and protesters hosted a marathon seven-hour discussion on Twitter Spaces that had 60,000 participants and total views of 1.2 million.
On June 25, despite official promises, Kenya did experience widespread internet outages. And for those who turned to virtual protests, many faced or feared facing online harassment, the risk of surveillance and their digital footprints being used to track and silence them, and even abductions in some cases. At times like these, it is critical to highlight the role of the internet in maintaining democratic processes and safeguarding human rights.
Concerns over internet shutdowns
Kenya experienced one of its first internet shutdowns in November 2023. At the time, the government had blocked Telegram for a week during national exams. Back in 2022, the KeepItOn Coalition had reported that “authorities in Kenya were exploring the possibility of platform blocking in a disproportionate response to misinformation around the 2022 elections”. This June, as the protests faced brutal government repression, there were growing fears that the Kenyan government might resort to internet shutdowns or disruptions to control the flow of information and suppress dissent. A joint statement by Kenya ICT Action Network (KICTANet), Paradigm Initiative, CIPESA, APC, and Internet Society Kenya Chapter strongly urged the government to refrain from enforcing any internet shutdowns or information controls in response to the protests. KICTANet highlighted the profound implications of such disruptions, emphasising that internet shutdowns would not only undermine the democratic process but also hinder critical services and economic activities.
Internet shutdowns can have severe consequences, not only stifling democratic engagement but also hindering emergency services, disrupting economic activities, and exacerbating national insecurity. The digital economy, which constitutes a significant portion of Kenya’s GDP, would also suffer considerably.
The arrival of shutdowns
In response to these concerns, the Communications Authority of Kenya (CA) publicly stated on June 24 that it had no intention of shutting down the internet during the protests. David Mugonyi, the CA’s director-general, himself emphasised that such actions would be unconstitutional and detrimental to the country’s digital economy. He reassured the public that the government was committed to maintaining open and reliable internet access during the protests.
Despite these assurances, the potential for internet disruptions remained a point of contention, with various organisations continuing to monitor the situation closely. The #KeepItOn coalition also issued a strong statement urging the Kenyan authorities to uphold their commitment to internet freedom and refrain from any form of digital censorship.
A day later, Kenya experienced major internet disruptions. Global Internet observatory NetBlocks confirmed an internet outage on 25 June 25 2024. Denouncing the restriction of the internet KICTANet and others again issued a statement that pointed out how “during the disruptions, mobile money services, credit and debit card transactions, and e-commerce platforms were all inaccessible.” Further, the Kenya Union of Journalists reported threats to shut down some media outlets.
In response to the public’s demand to know what happened, Kenya’s major network operators Safaricom and Airtel said that internet slowdown was caused by an outage of two undersea cables. It should be noted that the Kenyan government has a 35% stake in Safaricom.
The digital divide and the representation of diverse voices in protests
Internet access and internet shutdowns are two sides of the same coin and should not be viewed in isolation. Internet penetration in Kenya was estimated to be 56.03% in 2024. According to the Mobile Gender Gap Report 2023, only 39% of Kenyan women and 59% of men have access to the internet.
Significant digital divides continue to persist and impact engagement in digital activism. Marginalised groups continue to be under-represented online. Expanding meaningful connectivity, especially with a focus on community-driven solutions, is key to ensure plurality and diversity, allowing all Kenyans access to the right to protest online and offline.
Surveillance, censorship and disinformation
While access to online spaces can be used to promote further democratic participation and engagement, digital media is vulnerable to government censorship and interference. Offline, reports of excessive use of force by security forces, arbitrary arrests, and intimidation tactics have raised serious human rights concerns during the recent protests.
The government’s parallel attempts to stifle online dissent through surveillance, internet shutdowns, and censorship mirror the offline crackdown on protesters. One online campaign falsely accused local media outlets of lying about the financial burden on Kenyans due to the proposed finance bill. Privacy and anonymity provide activists and protesters with a degree of assurance that they will not be identified and, consequently, subject to reprisals for engaging in dissent.
However, the use of surveillance technology to monitor individuals and their activities online and off triggers fear of identification and persecution. The infrastructure for that is already in place – Nairobi is a “Safe City” due to a joint contract between Huawei and Safaricom, Kenya’s leading telecom, which created the Integrated Urban Surveillance System. According to one report, “Nairobi’s vast web of networked CCTV cameras offers little in the way of transparency or accountability, and … the country doesn’t have sufficient data protection laws in place to prevent the abuse of data moving through surveillance systems.”
The role of private sector
Private companies have a role to play by exercising transparency, social responsibility, and commitment to the promotion, respect and defence of human rights online and offline. They should also comply with the responsibilities set out in the UN’s Guiding Principles on Business and Human Rights. Entities like telecommunications firms, internet service providers (ISPs) and technology companies have a significant responsibility to resist governmental pressures that seek to curtail internet access or surveil and censor citizens.
By maintaining uninterrupted internet access and creating a free digital environment, companies safeguard their own business interests and support broader economic stability. Transparency is essential and these companies should publicly disclose government requests for shutdowns and their responses, holding both themselves and governments accountable. They can take further steps to resist participation in shutdowns, such as implementing strict internal policies, advocating alternative measures in dialogues with governments, and joining industry coalitions promoting internet freedom.
The need for digital access and freedoms
At the heart of these protests lies a broader struggle for economic and social rights in Kenya. The protests, which leveraged both offline and online platforms, showcased the power of social media in mobilising and uniting voices against perceived injustices. The government’s subsequent internet disruptions, despite assurances to the contrary, exposed the precarious state of digital rights in the region.
The situation in Kenya is part of a larger global trend where governments increasingly use internet shutdowns as a tool to control public dissent. Such measures are often employed during times of political unrest, leading to human rights abuses, including state-sanctioned violence and abductions. The international community has repeatedly called for an end to these practices, emphasising the importance of the internet in ensuring transparency, accountability, and the protection of human rights. In Kenya’s case, maintaining uninterrupted internet access is crucial for facilitating peaceful protests and enabling citizens to participate actively in policy-making processes.
The protests against the Finance Bill 2024 also showcase the critical intersection between internet governance and digital freedoms. Internet disruptions, coupled with the risk of surveillance and censorship, pose significant threats to democratic engagement and human rights. The digital divide further exacerbates these issues, limiting participation from marginalised communities and undermining the representation of diverse voices.
Moving forward, it is imperative for the Kenyan government to prioritise transparent, inclusive governance, and uphold digital freedoms. Ensuring meaningful and reliable internet access and protecting against digital surveillance are crucial steps in fostering a more democratic and equitable society. The recent events serve as a stark reminder of the need for vigilance in safeguarding both online and offline spaces as integral components of the democratic process.
Image: 6/23 DC Protest for Kenya #1 by Akofa Bruce via Flickr (CC BY-ND 2.0)