In the span of just a few harrowing days in Kenya, we’ve witnessed a chilling escalation of events that paint a grim picture of our nation’s digital future. What began as digital activism, a beacon of hope for public accountability, has spiralled into a disturbing disregard for human life and constitutional provisions.
Remember Rose Njeri? A developer, simply for creating a platform for public review of the Finance Bill 2025, found herself arrested and prosecuted. Then, in a sickening turn of events, Albert Ojwang, a teacher and digital activist, was arrested and reportedly died in police custody following a complaint by a police boss. As if these weren’t enough to shake us to our core, enraged citizens protesting Albert’s death witnessed another unthinkable act: Boniface Kariuki, a face mask vendor, was shot point-blank in the back of his head by the police, in broad daylight, captured live on camera.
As Kenya prepares to commemorate the lives lost during last year’s #RejectTheFinanceBill protests on 25th June 2025, the gravity of these incidents weighs heavily. It’s against this backdrop that KICTANet, in collaboration with the Bloggers Association of Kenya (BAKE), convened a forum titled “State of Digital Rights in Kenya and Public Dialogue on the KICA Amendment Bill 2025″ to break down the status quo of digital rights in our country.
The convening was a stark reminder of the escalating repression we face. Albert Ojwang’s tragic death served as a poignant testament to the very real dangers confronting digital rights advocates in Kenya. The alarming trend of weaponising legal frameworks, such as the Computer Misuse and Cybercrime Act, exemplified by the case of Rose Njeri, served as a harsh reality check on the misuse of laws meant to protect our fundamental rights, to stifle dissent.
These aren’t isolated incidents; they’re symptoms of a deeper malaise. They’re not just superficial wounds on our national fabric; they point to a systemic failure.
We have laws, robust legal frameworks designed to protect citizens and ensure justice. But one still wonders where we went wrong as a country. Is it a lack of legislation or a profound failure of duty? Did someone, somewhere, look the other way and allow this erosion of our fundamental human rights to happen?
Looking deeply into the impact of digital activism over the past year, we can say social media has undoubtedly played a significant role in mobilising public action and influencing legislation. We have witnessed more coordinated and digitally mobilised public protests, amplification of marginalised voices against the government’s unpopular policies, and holding elected officials accountable through the powers of keys and clicks. But what does the future hold for these digital voices, the very voices the state is tasked to protect, but appears to be actively working against?
Perhaps one of the most concerning issues could be the earlier-mentioned weaponisation of legal frameworks. Take, for example, the Kenya Information and Communications (Amendment) Bill 2025. This proposed legislation raises serious issues about mass surveillance, the potential of government overreach, social-economic exclusion, potential erosion of online expression, and compliance and implementation burdens. But will legislators listen to the public? Having gathered public views and sent them to the parliament, we wait and pray that they will be adopted. Otherwise, they are more likely to be dismissed as spam, similar to the public comments on the Finance Bill 2025.
The recent forum gathered a diverse range of stakeholders – legal, civil society, media, and technology sectors – all united by a common concern for Kenya’s digital future. The objective was clear: foster dialogue, strategise on defending our digital rights, and emphasise solidarity and active involvement amidst a swiftly changing legislative landscape. From this forum emerged a shared responsibility based on the realisation that the future of digital governance in Kenya depends on us. Regardless of our current situation, we must continue striving for the digital future we envision – democratic, fair, and rights-respecting. As citizens and leaders, we have no choice but to stand up for our rights and challenge the neglect of the very principles that define our democracy.
Nicodemus Nyakundi is the Programs Assistant for Digital Rights and Accessibility at KICTANet.