Human rights organizations have expressed serious concerns about Kenya’s shrinking digital civic space, citing an increase in surveillance, intimidation, arbitrary arrests, and the misuse of laws aimed at online users, bloggers, and journalists.
Speaking at the launch of a new report on digital rights, James Wamathai, Partnerships and Advocacy Manager at the Bloggers Association of Kenya (BAKE), emphasized the importance of equal protection of human rights both online and off.
“These rights we are asking to be protected are nothing new. The same human rights we enjoy offline are the same ones that must be preserved online. The safety of bloggers is directly tied to the safety of journalists and the general public. If one group is not safe, no one is,” said Wamathai.
Angela Minayo, Programs Officer for Eastern Africa at ARTICLE 19, expressed similar sentiments, decrying the growing intolerance of criticism by both national and county governments.
“We’re seeing ordinary citizens, who merely post on Facebook or X, being abducted, arrested, or slapped with trumped-up charges. The Computer Misuse and Cybercrimes Act has become the law of choice for silencing dissent, especially during protests like the Gen Z movement,” said Minayo.
She raised concerns about problematic provisions in the law and a lack of adequate oversight in investigations, warning that state agencies are increasingly abusing legal tools to stifle free expression.
“Even more alarming is the proposed amendment to the law, which would allow the NC4—a highly militarized body—to block websites without judicial oversight. That’s a dangerous path,” she added.
Demas Kiprono, Deputy Director at the International Commission of Jurists (ICJ) Kenya Chapter, underscored the need to protect digital engagement spaces where citizens now hold the government accountable.
“Digital platforms have become Kenya’s new public squares. But we’re seeing a disturbing trend of arrests, disappearances, and legal harassment. It’s time to review these laws and empower citizens to understand and defend their inherent rights.”
From a continental perspective, Gbenga Sesan, Executive Director of Paradigm Initiative, said governments are increasingly investing in surveillance infrastructure and legalizing mass surveillance under the guise of cybercrime and anti-terrorism laws.
“Budgets across Africa now openly include surveillance tools. This normalization of spying on citizens—especially journalists—is a threat to democracy,” he warned.
Sesan announced the upcoming Londa Report 2024, which documents digital rights and inclusion trends across 27 African countries, including Kenya. The report, due April 30, will feature a new scoring system ranking countries based on their digital rights record.
He also teased a new book chronicling Paradigm Initiative’s journey from a small youth tech training group in 2007 to a Pan-African digital rights powerhouse.
“The stories in this book show our growth, struggles, and the blueprint for building resilient organizations across the continent. We need 54 such initiatives—one in every African country—to win this fight for online rights.”
The event brought together civil society actors, media, legal experts, and digital rights advocates, all united in calling for legal reforms, judicial oversight, and stronger protections for freedom of expression in Kenya’s digital space.
