TRF’s Weaponising the Law: Threats to Media Freedom in Kenya report says Internet and media shutdowns could become more common during the election period, threatening journalists’ ability to report events in real time and leaving the public vulnerable to misinformation.
The warning comes against the backdrop of a significant shift in the government’s approach to information access and media freedom. Until 2024, the country had largely avoided using legal or administrative measures to interfere with Internet access, including during the 2022 polls. But that changed during the Gen-Z-led #RejectFinanceBill2024 protests, when the government either ordered or tacitly allowed disruptions that limited the flow of information.
As a result, the government faced widespread condemnation and legal challenges after global watchdogs and civil society reports confirmed nationwide Internet disruptions.
The report says such disruptions not only inconvenience users but also prevent journalists from transmitting live updates, accessing sources and verifying information, undermining real-time reporting and the public’s access to accurate information.
Internet disruption can take different forms, including a complete shutdown, blocking particular websites or applications or throttling bandwidth to slow connections.
The report also highlights the danger of creating an information vacuum during politically volatile periods.
Forty per cent of survey respondents identified misinformation and disinformation as one of their primary concerns facing journalism. During the 2024 shutdown, one focus group participant said misinformation became so widespread that some members of the public believed security forces had carried out a massacre in Githurai. A media house that reported there was no evidence of such a massacre was subsequently accused of covering up the incident.
The report says repeated shutdowns could also discourage news organisations from investing in live coverage of politically sensitive events because journalists may expect their work to be obstructed. Internet restrictions can also compromise journalists’ safety by cutting them off from colleagues and other sources of assistance.
In June 2025, ahead of protests marking the first anniversary of the Finance Bill demonstrations, civil society groups obtained a High Court injunction barring the government from restricting access to the Internet, digital platforms and social media. Despite the order, the Communications Authority of Kenya instructed media houses to stop live coverage of the protests.
The directive was eventually suspended and later quashed by the High Court, which affirmed the right to broadcast the demonstrations.
In July this year, the High Court struck down a controversial provision that allowed the government to order Internet providers to block websites and online applications without first obtaining a judge's approval.
The Computer Misuse and Cybercrimes (Amendment) Act, 2025 had authorised the National Computer and Cybercrimes Coordination Committee to direct service providers to make websites or applications inaccessible, if it concluded they promoted unlawful activities, religious extremism or cultism.
Justice Patricia Nyaundi ruled such a system gave the state broad censorship powers without adequate safeguards.
According to TRF's report, with restrictions on the flow of information having already been attempted during periods of political unrest, the 2027 election could provide another test of whether those tactics return.
The report further notes that Kenya experienced censorship guidelines, media surveillance and harassment, as well as Internet blackouts, during the 2024 anti-Finance Bill protests and the 2025 commemoration protests.
With the 2027 elections fast approaching, it says the ability of journalists to freely and accurately report is a major concern. More than half of those surveyed expressed a lack of confidence in the legal system’s ability to protect journalists covering sensitive or controversial subjects.
The report recommends that media-freedom and civil-society groups urgently engage state agencies ahead of the 2027 election to address the threat of Internet shutdowns.
It also calls for scrutiny of the role telecommunications companies could play in facilitating unlawful throttling or full shutdowns, while urging media organisations to secure commitments from telecom operators to respect human rights and freedom of expression during elections.
