The Government of Kenya faces a crucial test of its commitment to democratic principles and human rights as it contemplates the potential shutdown of the internet during the #RejectFinanceBill2024 demonstrations. The proposed action would not only be a grave violation of fundamental human rights but also a breach of the Constitution of Kenya, which enshrines various freedoms critical to the functioning of a democratic society.
The Constitutional Mandate
The Constitution of Kenya, 2010, explicitly protects freedoms that are directly threatened by an internet shutdown. Key among these are:
– Freedom of Expression (Article 33): Every person has the right to freedom of expression, which includes the freedom to seek, receive, or impart information and ideas [oai_citation:1, Chapter Four – The Bill of Rights | The Constitution of Kenya 2010]
– Freedom of the Media (Article 34): The freedom and independence of electronic, print, and all other types of media are guaranteed, and the State is prohibited from exercising control over or interfering with any media outlet [oai_citation:2,34. Freedom of the media – Kenya Law Reform Commission (KLRC)](https://klrc.go.ke/index.php/constitution-of-kenya/112-chapter-four-the-bill-of-rights/part-2-rights-and-fundamental-freedoms/200-34-freedom-of-the-media).
– Right to Privacy (Article 31): Every individual has the right to privacy, which includes the right to not have the privacy of their communications infringed [oai_citation:3, Chapter Four – The Bill of Rights | The Constitution of Kenya 2010].
– Freedom of Association (Article 36): Every person has the right to freedom of association, which is essential for organizing and participating in protests and other civic activities [oai_citation:4, Kenya constitution bill of rights](https://kenyanconstitution.manjemedia.com/the-bill-of-rights/).
– Rights to Assembly, Demonstration, Picketing, and Petition (Article 37): Every person has the right to assemble, demonstrate, picket, and present petitions to public authorities [oai_citation:5, Kenya constitution bill of rights](https://kenyanconstitution.manjemedia.com/the-bill-of-rights/).
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The Consequences of an Internet Shutdown
Implementing an internet shutdown or throttling access would have far-reaching negative impacts on the country:
- Violation of Human Rights: The shutdown would severely curtail the rights to freedom of expression, privacy, and access to information. It would prevent citizens from participating in public discourse and organizing around crucial national issues [oai_citation:6, Chapter Four – The Bill of Rights | The Constitution of Kenya 2010](https://afrocave.com/constitution/chapter-4/) [oai_citation:7,22. Enforcement of Bill of Rights – Kenya Law Reform Commission (KLRC)](https://klrc.go.ke/index.php/constitution-of-kenya/111-chapter-four-the-bill-of-rights/part-1-general-provisions-relating-to-the-bill-of-rights/188-22-enforcement-of-bill-of-rights).
- Economic Impact: The digital economy constitutes a significant portion of Kenya’s GDP. Interrupting internet services would disrupt e-commerce, financial transactions, and other critical digital activities, leading to substantial economic losses [oai_citation:8,Kenya constitution bill of rights](https://kenyanconstitution.manjemedia.com/the-bill-of-rights/).
- Emergency Services and Public Safety: Reliable internet access is vital for emergency services, including the timely deployment of medical services and the coordination of security operations. An internet shutdown would impede these essential services, putting lives at risk [oai_citation:9,Kenya constitution bill of rights](https://kenyanconstitution.manjemedia.com/the-bill-of-rights/).
International Obligations and Precedents
Kenya is a party to various international human rights frameworks that obligate it to uphold the rights to freedom of expression and access to information. The African Charter on Human and Peoples’ Rights, for instance, underscores the importance of these freedoms in promoting democracy and development [oai_citation:10,34. Freedom of the media – Kenya Law Reform Commission (KLRC)](https://klrc.go.ke/index.php/constitution-of-kenya/112-chapter-four-the-bill-of-rights/part-2-rights-and-fundamental-freedoms/200-34-freedom-of-the-media).
Call to Action
At this critical democratic juncture, it is imperative for the Government of Kenya to recognize the crucial role of the internet and mass media in policy discourse. We call upon the government and the Communications Authority to affirm their commitment to an open, reliable, and secure internet. Any attempt to block or restrict social and mass media during the #RejectFinanceBill2024 protests would not only be unlawful but also counterproductive, undermining public trust and democratic processes.
The international community, civil society organizations, and social media platforms must remain vigilant and prepared to push back against any efforts to censor or limit access to information. Upholding digital rights is not just a legal obligation but a moral imperative to ensure the protection of fundamental freedoms and the promotion of a just and democratic society.
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