Q&A: Kenya's digital crackdown having 'chilling' effect on rights

Protesters react next to burning tyres during demonstrations to mark the first anniversary of the deadly 2024 anti-government protests that drew widespread condemnation over the use of force by security agencies, in Nakuru, Kenya June 25, 2025. REUTERS/Suleiman Mbatiah
interview

Protesters react next to burning tyres during demonstrations to mark the first anniversary of the deadly 2024 anti-government protests that drew widespread condemnation over the use of force by security agencies, in Nakuru, Kenya June 25, 2025. REUTERS/Suleiman Mbatiah

What’s the context?

A year after Gen Z protests, rights group Access Now calls for repeal of Kenya's cybercrimes law as online crackdown intensifies.

NAIROBI - One year after Kenya's Gen Z protests against a tax-heavy finance bill, digital rights activists say authorities are increasingly cracking down on online criticism, with one prominent blogger recently killed in police custody.

More than 60 people were killed in last year's protests, and President William Ruto subsequently abandoned plans to raise 346 billion Kenyan shillings ($2.68 billion) in new taxes.

But demands for Ruto's resignation have continued, with Gen Z and millennials especially taking to online platforms to demand action against government corruption and the lack of economic opportunities.

In early June, teacher and blogger Albert Ojwang was killed in custody after he was arrested and accused of defaming Kenya's deputy police chief on social media.

His death, which follows years of extrajudicial killings and disappearances, sparked protests in Nairobi, and three police officers have since been charged with his murder. They have pleaded not guilty.

Bridget Andere, senior policy analyst at digital rights group Access Now, said a growing number of people are being arrested under the Computer Misuse and Cybercrimes Act, which the government says aims to curtail the proliferation of crimes such as online scams, child pornography and cyber-stalking.

But digital rights groups say the law is being used to criminalise free speech and has seen journalists, bloggers and political activists being charged under the legislation.

"There is heightened surveillance on online platforms. Activists know their every word and move is being monitored," Andere said.

She spoke to Context about the effects of the surveillance and what needs to be done to protect online freedom of expression.

What are the main digital rights challenges facing Kenyans?

In a troubling trend, more and more people are being arrested and charged ... when they speak out against government officials and people affiliated with them, which is a huge indication of authorities backsliding even further on freedom of expression.

Actions like this could in the end result in a chilling effect on freedom of expression, which could in turn affect other human rights, including the right to access information and the right to assembly.

In addition, there have been misinformation and disinformation campaigns against some activists. Some coordinated, some organic.

Protesters participate in an anti-government demonstration following nationwide deadly riots over tax hikes and a controversial now-withdrawn finance bill, in Nairobi, Kenya, July 16, 2024. REUTERS/Thomas Mukoya
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Protestors react during a demonstration against Kenya's proposed finance bill 2024/2025, in Nairobi, Kenya, June 20, 2024. REUTERS/Monicah Mwangi
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Kenyan protestors at a anti-finance bill protest in Nairobi, Kenya on June 25, 2024. Thomson Reuters Foundation/Nita Bhalla
Go DeeperReporter's notebook: In the heart of Kenya's 'Gen Z' tax bill protests

How effective has digital activism been?

The evidence is clear: people caring about their rights and speaking up against repression has made some substantive things happen.

The finance bill in 2024 was struck down. The finance bill this year has seen some significant amendments made to the initial draft, such as the removal of a clause on the Kenya Revenue Authority having access to taxpayers' personal and financial data, which was originally part of the bill.

We cannot deny that there is still a lot to be done, but the power of a united people has been seen.

How can Kenyans be protected from digital authoritarianism?

First and foremost, we demand that authorities respect the rule of law and the spirit of the Constitution.

This means that legislation should not be misused by lawmakers to stifle the people's activism and infringe on their rights; it also means that laws and protections must apply to all persons evenly.

How does the government’s pattern of targeting activists affect the broader digital rights landscape?

The reality is that actions such as these from authorities cause a chilling effect on the freedom of expression.

If people are apprehensive that the exercise of their rights and freedoms will meet heavy, illegal, disproportionate and unnecessary punishment, they are less likely to exercise those rights.

What legal and policy reforms do digital rights groups recommend to protect activists?

We demand that the Computer Misuse and Cybercrimes Act be repealed and that the government uphold its duty to ensure people enjoy their constitutionally protected rights without illegal limitation.

Other stakeholders, including telecommunications companies and social media platforms, must also do their part by ensuring their platforms and services are safe for use and human rights compliant.

From data protection practices to transparency and accountability standards, everyone has a part to play.

This interview has been edited for brevity and clarity.

($1 = 129.0000 Kenyan shillings)

(Reporting by Nita Bhalla; Editing by Ellen Wulfhorst.)


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