This came following a letter CA issued to telecommunications companies, directing them to use all available mechanisms to suspend the operation of Telegram in Kenya
The Kenya Information Communication Technology Action Network (KICTANet) comprising over 50 organisations in the private sector on Saturday, November 9 called on the government, especially the Communications Authority of Kenya (CA), to retract a directive issued to all mobile network operators regarding the suspension of operations of Telegram messenger in the country.
In a statement, KICTANet, as civil society organizations and stakeholders in the Information, Communication and Technology (ICT) sector committed to Digital Rights and Internet Freedom, expressed deep concern about the government’s recent decision to block access to the Telegram social media platform.
This came following a letter CA issued to telecommunications companies, directing them to “use all available mechanisms to suspend the operation of Telegram in Kenya” to curb exam cheating amidst the ongoing Kenya Certificate of Secondary Education (KCSE) exams, which kicked off on Monday, November 4.
This disruption was earlier confirmed by an internet observatory, Netlocks, which revealed that Telegram was restricted in Kenya with their data showing the app as being down across various internet providers.
Communication Authority of Kenya (CA) headquarters in Nairobi. /FILE
“Internet disruptions like these undermine fundamental human rights and freedoms outlined in the International Bill of Rights to which the Kenyan government is a party and the Kenyan Constitution. Likewise, they disrupt economic activity and weaken democratic values by limiting the rights to Access to Information and Freedom of Expression, Assembly and Association,” KICTANet stated in part.
Adding “This action also goes against the principles outlined in the Global Digital Compact (GDC), which emphasizes the importance of a universal, open, and secure internet.”
The GDC, part of the commitments that governments endorsed in the Pact of the Future, discourages internet shutdowns, noting their harmful impact on human rights, democracy, and economic growth, and calls for transparent and accountable solutions to address issues in the digital space. At a time when global standards are pushing for universal, secure, and open internet access, national policies were compelled to align with these principles rather than undermine them.
KICTANet expressed worry regarding the perceived downward trend in Kenya’s commitment to internet freedom, stating “We note with concern that there was an internet disruption on 25 June, less than 6 months ago, during the protests against the Finance Bill, 2024.”
“A similar blocking of the Telegram App was implemented in November 2023. Such repeated actions not only curtail rights but also erode public trust in digital governance,” the lobby group lamented.
Even though it recognized the importance of maintaining exam integrity, KICTANet urged the Kenyan government to explore alternative, lawful and rights-respecting measures to tackle the issue, recommending that instead of blocking the application or disrupting the internet, authorities be encouraged to pursue criminals who breach confidential examination documents and seal loopholes in examination processes.
“Such alternative actions to tackle this issue can be explored through multi-stakeholder consultations ensuring that they are human rights-respecting. Disrupting the internet or blocking social media access as in this case goes against the three-part test under international human rights law of legality, legitimacy, necessity and proportionality.
“A stable, secure and accessible internet should remain a priority, especially given its critical role in supporting the digital economy, education, livelihoods, and civic engagement,” added the statement.
In conclusion, KICTANet urged Kenyan authorities and CA to immediately retract the letter to service providers, and for service providers to restore access to Telegram and commit to upholding digital rights and internet freedom.
Policymakers were also asked to consult civil society and other key stakeholders to develop sustainable, rights-based strategies to address digital governance challenges without resorting to internet disruptions.
The CA has yet to publicly comment on the matter by the time of publishing this story.
