The Communications Authority of Kenya (CA) has recently made it clear that it has no intention of interrupting internet services or degrading the quality of online connectivity, despite ongoing protests against the Finance Bill 2024. The authority emphasized that such measures would be in direct conflict with the nation’s constitution, particularly the right to freedom of expression, and would go against the principles that the organization upholds.
Moreover, the CA highlighted that disrupting internet services would have detrimental effects on the digital economy, which is a critical support system for thousands of livelihoods throughout Kenya. The CA also took the opportunity to remind Kenyan citizens to engage in online activities responsibly and in accordance with the law.
In legislative developments, the Finance Bill 2024 recently advanced past its second reading in the legislative process. It is now set to enter the committee stage before moving on to a third reading. Once it clears this stage, it will be presented to the president for final approval and enactment.
The proposed bill has been a source of controversy due to its inclusion of a 1.5% digital service tax targeting local online platforms that provide services such as job listings, property rentals, food delivery, and ride-hailing. Additionally, the bill proposes a value-added tax (VAT) on electric bikes, buses, and solar and lithium-ion batteries, as well as a 6% Significant Economic Presence (SEP) Tax, which has particularly drawn criticism from ride-hailing companies.
On Monday, June 24, 2024, several organizations, including Amnesty International and the Bloggers Association, issued warnings to the Kenyan government against any potential disruptions to internet services. They argued that such actions would represent a severe infringement of human rights.
These non-governmental organizations (NGOs) further stated that any form of internet shutdown, internet speed throttling, shadow banning of hashtags, or a blanket ban on live media reporting would be a blatant violation of fundamental human rights. They stressed that these actions would interfere with the public’s legitimate rights to organize, protest, and engage in the policy-making process.
KICTANet, a prominent multi-stakeholder group focused on ICT policy and regulation, has also voiced its concerns, urging the Kenyan government to refrain from enacting any internet shutdowns or imposing controls on information. The organization cautioned that an internet blackout would have severe repercussions for the nation’s economy, particularly affecting sectors such as eCommerce, mobile money transactions, and the burgeoning digital startup ecosystem.
Kenya’s track record with internet restrictions includes a notable incident in December 2023, when access to the messaging service Telegram was intermittently blocked for more than a week. The government took this action in response to accusations that the platform was used to circulate leaked secondary school examination papers. The repercussions of this social media shutdown were significant, with the blackout lasting a total of 192 hours and resulting in an estimated economic loss of $27 million due to the imposed internet restrictions.
