Kenya’s digital landscape between 2020 and 2024 has been a study in contrasts—marked by rapid technological advancement and economic digitisation, yet shadowed by growing threats to digital rights, online freedoms, and media independence.
The State of the Internet in Kenya 2020–2024 report by the Bloggers Association of Kenya (BAKE) offers a comprehensive and sobering account of this period, highlighting the complex interplay between innovation, regulation, and civil society resistance.
Rapid Growth in Connectivity and Digital Economy
Kenya solidified its role as East Africa’s tech powerhouse, driven by widespread mobile penetration and the dominance of mobile money platforms, such as M-PESA. By December 2024, mobile subscriptions exceeded 71 million, with smartphones accounting for over 57% of connected devices. The rollout of 5G networks by Safaricom and Airtel further expanded digital access, although affordability and infrastructure gaps persist, especially in rural areas.
Government digitisation efforts accelerated, with over 22,000 services integrated into platforms like eCitizen, streamlining access to business registration, tax filing, and public services. Nairobi’s tech ecosystem flourished, hosting more than 60 innovation hubs and attracting nearly $800 million in startup funding in 2023 alone.
“Kenya continues to be a citadel for emerging technologies, including cloud and AI, which fuel the promise of Silicon Savannah,” said Victor Kapiyo, Digital Rights and ICT Policy lead at KICTANet.
Legislative Advances Shadowed by Restrictions
The enactment of the Data Protection Act (DPA) in 2019 marked a significant milestone, aligning Kenya with global data protection norms like the EU’s GDPR. The law established principles for lawful data collection and retention, but broad exemptions for national security and weak enforcement mechanisms under the Office of the Data Protection Commissioner (ODPC) undermined its impact.
Meanwhile, the Computer Misuse and Cybercrimes Act (CMCA) of 2018, intended to curb cybercrime, raised alarms over its vague provisions criminalising “false information” and “cyber harassment.” Although the 2021 amendments removed some contentious clauses, the law remains ripe for misuse.
“Sections 22, 23, and 27 of the CMCA criminalise alternative views and criticism of government, facilitating arrests, prosecutions, and sometimes torture,” warned Demas Kiprono, Deputy Executive Director of the Kenyan Section of the International Commission of Jurists. “Judicial endorsement of these laws sadly provides a ‘legitimate basis’ for repressive actions against digital dissent.”
Surveillance and Online Censorship on the Rise
Kenyan authorities increasingly deployed surveillance technologies without adequate legal safeguards. Investigations revealed the use of IMSI catchers (Stingrays), interception systems like “Circles,” and mass data collection through the controversial Maisha Namba digital ID program. Despite Article 31 of the Constitution guaranteeing privacy, existing laws permit warrantless data access under national security pretexts.
In May 2025, the High Court ruled against Worldcoin, a cryptocurrency startup, for violating the DPA by collecting biometric iris scans without valid consent or conducting required impact assessments. The ruling affirmed judicial willingness to uphold privacy protections.
Internet censorship intensified during political unrest. In June 2024, Kenya experienced a nationwide internet shutdown during the #RejectFinanceBill2024 protests. Though officially attributed to undersea cable faults, many suspect it was a deliberate move to suppress dissent. Telegram was repeatedly blocked during national exams, allegedly to prevent exam leaks—actions condemned by digital rights advocates.
Threats to Journalists, Bloggers, and Activists
Digital content creators, bloggers, and citizen journalists faced escalating harassment, arrests, and violence. Between 2020 and 2024, Kenya saw numerous cases of intimidation, abductions, and even mysterious deaths of outspoken online commentators.
In a high-profile incident, digital cartoonist Kibet Bull was abducted in December 2024 and later released, underscoring the risks faced by satirists and critics. Activists and influencers were routinely charged under the CMCA for “spreading false information,” including the arrest of Nuru Maloba Okanga and others critical of public officials.
The Kenya Media Sector Working Group documented over 380 press freedom violations from 2021 to 2024. State control over advertising budgets coerced media houses into self-censorship, while politically motivated layoffs and legal threats further eroded journalistic independence.
Gig Economy and Content Moderation: A Shadowed Workforce
Kenya’s digital economy includes a growing base of gig workers, content creators, and content moderators operating in precarious legal conditions. Many are classified as independent contractors, excluding them from labour protections such as minimum wage, social security, or union rights.
Content moderators working for global platforms endure traumatic exposure to graphic content, often without adequate mental health support. The landmark case Meta Platforms, Inc. v Motaung & Others revealed allegations of forced labour, poor pay, and psychological harm among moderators hired through outsourcing firms.
“The lack of recognition of mental health hazards and exploitative fixed-term contracts keeps content moderators vulnerable,” said Mercy Mutemi, a digital civil rights lawyer. “Without clear legal protections, these workers suffer in silence under the radar of both local regulators and Big Tech.”
Misinformation and Disinformation: Threats to Democracy
Kenya’s political discourse has been heavily shaped by coordinated disinformation campaigns, particularly during the 2022 elections. Networks of paid bloggers, sock puppet accounts, and AI-generated content manipulated public opinion and deepened ethnic and political polarisation.
Political operatives reportedly purchased administrative rights to Facebook groups to disseminate divisive narratives, often in local languages that evade moderation algorithms.
“Movements of coordinated inauthentic behaviour (CIB) have become frighteningly effective at derailing genuine conversations and discrediting activists,” said Bridget Andere, senior analyst at Access Now. “The impact on public trust in democratic institutions is corrosive.”
COVID-19 misinformation also surged across WhatsApp and social media, complicating public health messaging and fueling vaccine hesitancy.
Strategic Litigation and Court Interventions
Despite limited technical capacity, Kenya’s judiciary has played a pivotal role in defending digital rights. Key rulings include:
- Suspension of the Huduma Namba ID system is pending a regulatory framework.
- Judicial review halts biometric data collection by Worldcoin.
- Injunction against future internet shutdowns until full legal adjudication.
- Invalidation of Section 77 of the Penal Code criminalising subversive speech.
These decisions reflect the judiciary’s growing role in balancing state security with constitutional freedoms.
Recommendations for a Balanced Digital Future
The BAKE report concludes with a robust set of reforms aimed at safeguarding Kenya’s digital ecosystem:
- Amend the CMCA and similar laws to protect freedom of expression.
- Transform the ODPC into an independent statutory commission.
- Introduce clear laws banning internet shutdowns and protecting whistleblowers.
- Address gig workers’ status under employment law.
- Enact legislation against technology-facilitated gender-based violence.
- Prioritise affordable rural connectivity and digital literacy.
- Support independent media and diversify funding sources.
Conclusion
Kenya’s internet space from 2020 to 2024 reflects both the promise and peril of the digital age. While the country leads in connectivity, fintech innovation, and digital entrepreneurship, it faces serious challenges in legislative clarity, surveillance overreach, censorship, and threats to digital workers and activists.
The path forward demands a careful balance between innovation and security, anchored in robust protections for digital rights and freedoms.
As Kennedy Kachwanya, BAKE Chairperson, aptly summarised, “Kenya’s digital future hinges on reforms that uphold constitutional freedoms online while nurturing the vibrant creative economy and digital participation of all Kenyans.”
This nuanced portrait of Kenya’s internet ecosystem underscores the urgency of reform and the vital role of civil society in defending digital rights in an increasingly connected world.
