NAIROBI, Kenya, June 17 — A constitutional petition has been lodged at the High Court seeking to bar the government and state-affiliated agencies from blocking Kenyans from accessing or engaging with official social media platforms used for public communication.
The case was filed by James Ochieng and Olive Ambrose, who argue that denying citizens access to official government social media accounts violates several constitutional protections, including freedom of expression, access to information, equality before the law, fair administrative action, and the right to access justice.
The petition names the Attorney General, the Cabinet Secretary for Interior, the Principal Secretary for Broadcasting and Telecommunications, the Council of Governors, and the National Assembly as respondents.
The matter has also drawn the participation of constitutional and human rights organisations, including Katiba Institute, the Law Society of Kenya (LSK), and the Kenya National Commission on Human Rights (KNCHR), which have joined the proceedings as interested parties.
According to court documents, the petitioners claim they were blocked from viewing or interacting with certain official government and government-linked social media accounts without explanation or any avenue for appeal.
They told the court that the affected accounts are used for official state communication and carry government branding, official insignia, or verification badges.
To support their case, the petitioners submitted screenshots allegedly showing notifications that they had been blocked from accessing or engaging with the accounts. They also attached records of attempts to seek clarification or review of the decisions, which they claim were ignored or received no satisfactory response.
The petition seeks declarations that blocking citizens from official government social media platforms is unconstitutional, unlawful, and inconsistent with democratic principles and public accountability.
The two petitioners are further asking the court to compel the restoration of access to the affected accounts for themselves and any other Kenyans who may have been similarly restricted.
In addition, they want the High Court to issue permanent orders prohibiting government institutions and officials from blocking, muting, shadow banning, or otherwise limiting citizens’ participation on official online platforms solely on the basis of their views or expressions unless such actions are undertaken in accordance with the Constitution and principles of fair administrative action.
The case also challenges Section 2 of the Access to Information Act, 2016, with the petitioners arguing that any provisions allowing restriction of information outside the limitations permitted under Article 24 of the Constitution should be declared unconstitutional and invalid.
