The petition, filed by James Ochieng and Olive Ambrose, argues that the practice of blocking citizens from official government social media accounts violates fundamental constitutional rights, including freedom of expression, access to information, equality and freedom from discrimination, fair administrative action, and access to justice.
The two petitioners have sued the Attorney General, the Cabinet Secretary for Interior, the Principal Secretary for Broadcasting and Telecommunications, the Council of Governors, and the National Assembly.
The case has also attracted the participation of Katiba Institute, the Law Society of Kenya, and the Kenya National Commission on Human Rights as interested parties due to their expertise in constitutional and human rights issues.
According to court documents, the petitioners claim they were blocked from accessing and interacting with certain government and government-affiliated social media accounts without being given reasons or an opportunity to challenge the decision.
As evidence, they have presented screenshots allegedly showing notifications indicating they had been blocked from viewing or interacting with the accounts.
They have also attached screenshots showing that the accounts are used for official government communication and bear government branding or verification marks.
Additional evidence includes records of attempts made by the petitioners to seek clarification or review of the blocking decisions, which they say received no satisfactory response.
The petitioners are seeking declarations that the blocking of citizens from official government social media platforms is unconstitutional and unlawful.
They also want the court to order the restoration of their access, as well as that of any other affected Kenyans, to government and government-affiliated social media accounts.
Further, they are asking the court to issue a permanent injunction barring government agencies and officials from blocking, restricting, muting, shadow banning, or otherwise limiting citizens’ access to official social media platforms on the basis of their expression unless such action complies with the Constitution, the law, and principles of fair administrative action.
The petition also challenges Section 2 of the Access to Information Act, 2016, arguing that to the extent it permits withholding of information on grounds not contemplated under Article 24 of the Constitution, it should be declared unconstitutional and invalid.
