Joint Statement by the ICT Sector on the Unlawful Arrest and Prosecution of Rose Njeri

Joint Statement |

We, the undersigned stakeholders in Kenya’s Information and Communications Technology (ICT) sector, stand together in firm condemnation of the unlawful arrest, detention, and prosecution of software developer and civic activist Rose Njeri (@rtunguru)

Rose Njeri, a software developer and mother of two, was detained on Friday, May 30, 2025, following a police raid on her home in Nairobi, where authorities seized her electronic devices, including her phone, laptop, and hard drives. As of this morning, she remained detained, her whereabouts were unknown, and she had not been presented to any court, despite multiple attempts by her legal counsel to establish the charges against her or secure her release. Reports indicate that Ms. Njeri suffers from anaemia and was denied proper access to healthcare during her detention. In addition, her arrest and detention over a long public holiday weekend appear to have been deliberately calculated to extend her detention without judicial oversight.

It is alleged that Ms. Njeri’s arrest stems from her development of an online civic platform (civic-email.vercel.app) which seeks to provide a coordinated solution for Kenyan citizens to formally present views to the National Assembly in response to the ongoing public participation discussions on the Finance Bill, 2025. In particular, the platform enables them to simply register their objections to clause 52 of the Bill which proposes the deletion of Section 59A (1B) of the Tax Procedures Act, which currently prohibits the Commissioner of the Kenya Revenue Authority from requiring a person to integrate or share data relating to “(a) trade secrets; and (b) private or personal data held on behalf of customers or collected in the course of business.”

On Tuesday afternoon, Ms. Njeri was presented before the court, more than 88 hours after her arrest, despite the legal requirement under Article 49 of the Constitution that she be brought to court within 24 hours.  Worse, she has been charged under Section 16 of the Computer Misuse and Cybercrimes Act, 2018 with “unauthorised interference with a computer system,” an offence which carries a maximum penalty of a fine of up to ten million shillings, imprisonment of up to five years, or both. These could double if aggravating circumstances are cited. Ms. Njeri has since been released on personal bond of KES 100,000 and will be expected back in court on 20 June 2025 for a ruling on the validity of the charges.

We view this charge as baseless, trumped-up, and irrelevant to the alleged offence, as it misrepresents a legitimate act of civic engagement as a cybercrime. In our considered view, embracing digital technologies and the creation of a platform to facilitate public participation on the Finance Bill 2025 is a protected exercise of the rights to freedom of expression, access to information, and public participation under Articles 10, 33, 35, and 118 of the Constitution of Kenya, 2010. Section 16 is intended to address serious cybercrimes such as hacking, sabotage, or malicious disruption of computer systems by individuals who act without authorisation or consent from the system owner. Therefore, to charge Ms. Njeri under Section 16 is a gross misapplication of the law, an abuse of court process, and a disproportionate act which fails to demonstrate any credible offence, interference, or threat to public safety or national security as claimed.

Ms. Njeri’s prosecution comes in the wake of a recent public apology by the President to the public. It is also not an isolated incident but one that is emblematic of a dangerous pattern in Kenya, where authorities have repeatedly weaponised various ICT laws to intimidate and silence government critics, activists, bloggers, journalists, technologists and citizens. They are measures designed to stifle digital rights, activism, and the civic space, rather than to curb real-world cybercrimes. As of December 2024, the Communications Authority of Kenya (CA) detected at least 840,921,998 cyber threats, an increase of 27.2% reported in the previous quarter, yet these are barely investigated or the responsible cyber criminals prosecuted.

Kenya has long been recognised as a beacon of digital growth and innovation in Africa, a reputation built on its vibrant technology landscape and a constitutional framework that safeguards fundamental human rights. A thriving, innovative, and competitive ICT sector is inextricably linked to a free, open, and secure digital space. A climate of fear, pervasive surveillance, and arbitrary arrests and detentions severely undermines Kenya’s hard-earned reputation as a regional technology hub. The sector cannot flourish where fundamental rights are routinely undermined or where the rule of law is selectively applied. The predictability and stability afforded by robust digital rights protections are crucial for attracting local and foreign investment, fostering innovation, and ensuring Kenya’s continued leadership in the digital economy.

As ICT sector stakeholders, we reaffirm our commitment to an open, inclusive, and secure digital ecosystem in Kenya. We stand in solidarity with Rose Njeri and all individuals unjustly targeted for exercising their digital rights. The misuse of the CMCA to criminalise a public interest technology platform for civic participation is a direct attack on democratic values and innovation. We pledge to advocate for policies that protect human rights while promoting digital civic engagement.

We also urge the Kenyan public, international community, and fellow ICT stakeholders to join us in condemning these violations and to demand greater accountability.

Also, we call on the Kenyan government, law enforcement, and relevant authorities to:

Immediately drop the charges against Rose Njeri unconditionally, and return all her confiscated electronic devices without delay. Ensure that ICT laws are not misused or weaponised to suppress legitimate exercise of rights and cease practices such as arbitrary arrests, detentions without charge, and the confiscation of devices. Officers engaging in such unlawful practices should be held accountable for their actions. Reform the Computer Misuse and Cybercrimes Act and the Kenya Information and Communications Act (KICA), and abandon proposed Bills that violate digital rights or stifle legitimate online activities. Engage with stakeholders in the ICT sector, including academia, media, civil society, and the tech community, to develop laws that promote cybersecurity while safeguarding fundamental human rights. Demonstrate a clear and unwavering commitment to fostering an open, secure, and rights-respecting digital ecosystem, including refraining from arbitrary internet shutdowns, content blocking, and unlawful surveillance.

Lastly, we reaffirm our commitment to defending digital rights and civic space in Kenya. The use of public digital tools to facilitate citizen engagement with Parliament is not a crime; it is a cornerstone of our democracy.

Signatories

Access Now

Africa Centre for People Institutions and Society (ACEPIS)

ARTICLE 19 Eastern Africa

Baraza Media Lab

Bloggers Association of Kenya (BAKE)

CIPESA

CyberYetu

Data Privacy and Governance Society of Kenya (DPGSK)

Founders Connect Kenya

IAWRT Kenya

Icon Data and Learning Labs

Interactive Entertainment Association

Internet Society, Kenya Chapter

Internews – KenSafeSpace

Kenya Coalition on Youth Peace and Security

KICTANet

Kijiji Yeetu

Media Lawyers Association of Kenya (MLAK)

Mzalendo Trust

Paradigm Initiative

Pollicy Data Institute

Tatua Digital Resilience Centre

Women in STEM Leaders Network

Women in Tech Policy and Governance

zKe Voices

Will the ECOWAS Judgment on Senegal Redefine Digital Rights in Francophone Africa?

By Simone Toussi |

On May 14, 2025, the Economic Community of West African States (ECOWAS) Court of Justice issued a landmark  judgment in the case ‘Association of Information and Communication Technology Users (ASUTIC) and Ndiaga Gueye against Republic of Senegal’, declaring that Senegal’s internet and social media shutdowns in June and July 2023 were clear violations of  fundamental human rights, including freedom of expression, right to access information, right to assembly and the right to work.

The court’s unequivocal stance reaffirms that digital access is integral to the exercise of basic freedoms. Building on the landmark 2020 ECOWAS ruling – which condemned internet shutdowns during anti-government protests and ordered Togo to pay a fine – this new decision could have far-reaching implications for Francophone Africa, where digital repression has been steadily increasing.

Internet shutdowns, often invoked as a security measure during times of public protest and unrest, do not occur in isolation. In the case of Senegal, the network disruptions of 2023 were repeated in early February 2024, when mobile data was blocked nationwide following the postponement of the presidential election.  This marked the country’s third disruption in less than 12 months, underscoring a pattern of digital repression.

Since 2017, when Cameroon imposed one of the longest internet shutdowns on record during political unrest, Francophone African countries have often  resorted to digital blackouts to manage electoral tensions and suppress dissent. This pattern has shown no signs of abating. In 2023 alone, Mauritania cut mobile internet for nearly a week during protests in May and June; Guinea blocked access to Facebook, WhatsApp, Instagram, and TikTok in May ahead of nationwide demonstrations; and Gabon enforced an 87-hour internet shutdown during its August presidential elections, crippling communication at the height of an electoral crisis.

The trend persisted into 2024 which  on January 17 saw Comoros disrupting internet access following violent protests after President Azali Assoumani’s re-election. Mauritania once again restricted mobile internet for 22 days starting July 2 after the June 29 presidential elections and subsequent protests disputing the results. Mozambique followed suit with mobile internet disruptions on October 25, with intermittent blackouts and renewed social media restrictions thereafter.

These successive shutdowns, particularly in electoral contexts, reflect a deepening erosion of digital rights, a weakening of democratic institutions, and underscore the urgent need for stronger regional and legal safeguards to prevent state overreach and protect democratic expression online. With key elections approaching in countries such as Côte d’Ivoire (October 2025), Cameroon (October 2025), and Guinea (December 2025), the risk of politically motivated internet shutdowns remains acute. The weaponisation of connectivity restrictions could show up again as a normalised tool of authoritarian control, undermining transparency and civic participation across the region. The Court’s directive that Senegal should “refrain from imposing unlawful or arbitrary internet restrictions in the future” sets a binding legal standard for the ECOWAS countries, arming digital rights defenders with legal background and legitimacy to ask for government’s accountability in a context where regional enforcement mechanisms are often weak.

Internet shutdowns have been shown to cost countries millions in lost productivity, investor confidence, and digital service disruption. The ECOWAS Court’s acknowledgment of this economic dimension strengthens the case for proactive policy reforms at both national and regional levels. By explicitly linking internet access to freedom of expression and “the right to work”, the ECOWAS Court positions digital rights within the broader framework of socio-economic and civic rights, thus offering legitimacy to civil society and legal advocates’ appeals on future shutdowns not only on civil liberties grounds, but also for their economic impact.

As internet access becomes more central to democratic participation, economic livelihoods, and civil discourse, this decision marks a watershed moment that could significantly shift the digital governance landscape across the region.

However, the impact of this decision will depend on its effective implementation. Governments, civil society, digital rights defenders, legal actors and regional institutions shall ensure that the Court’s recommendations translate into enforceable policy changes, including national legislation that explicitly prohibits arbitrary internet restrictions. They shall be ready to leverage this ruling to ensure that Francophone countries in the region and beyond adopt or draw inspiration from it to better safeguard human rights.

NOW OPEN! Call for Session Proposals and Travel Support Applications

FIFAfrica |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) invites interested parties to submit session proposals to the 2025 edition of the Forum on Internet Freedom in Africa (FIFAfrica25). Successful submissions will help to shape the agenda of the event, which is set to gather policymakers, regulators, human rights defenders, journalists, academics, private sector players, global information intermediaries, bloggers, and developers.

FIFAfrica25 is a leading platform for shaping digital rights, inclusion, and governance conversations. This year, the Forum is headed to Windhoek, Namibia, a beacon of press freedom, gender equity, and progressive jurisprudence, and will take place on September 24–26, 2025.

As part of the registration, we invite session proposals, including panel discussions, lightning talks, exhibitions, and skills workshops, to shape the FIFAfrica25 agenda.

CIPESA is committed to ensuring a diversity of voices, backgrounds, and viewpoints in attendance and as organisers and speakers at panels at FIFAfrica. In line with this, there is limited funding to support travel for participation at FIFAfrica25. Preference will be given to applicants who can partially support their attendance and those who organise sessions.

We encourage proposals that are in line with the following tracks (with some overlap of topics between tracks):

Digital Inclusion: (Topics can include – Minority communities, language, persons with disabilities, women, children, gig workers, etc.)

Digital Resilience and Safety: (Topics can include – Security tools upskilling, practical skills sessions, open source software, localisation, etc.) 

Freedom of Expression & Access to Information: (Topics can include – online rights and freedoms, public accountability.)

Platform Accountability (Tech governance concerns and content moderation)

Implications of AI: (Topics can include – Regulatory gaps, policy readiness, usage, localisation, content regulation.)

Digital Economy: (Topics can include – digital transformation, digital trade, data sovereignty, cross-border data flows, policy alignment, data privacy)

Digital Democracy: (Topics can include – Internet shutdowns, data privacy, digital surveillance, civic tech, digital public infrastructure)

Who Can Apply

  • Civil society organisations
  • Independent researchers and academics
  • Journalists and media practitioners
  • Policy-makers and government actors
  • Regional and international organisations
  • Private sector actors

Types of Sessions

Session formats include:

  • Panel discussions
  • Lightning talks
  • Workshops 
  • Interactive roundtables
  • Exhibitions 

Event Support

Limited funding is available to support attendance (travel and/or accommodation) for successful applications.

How to Submit a Proposal

To submit your session proposal or request event support, please complete the FIFAfrica25 Proposal Submission Form by June 20, 2025.

Key Dates

MilestoneDate
Submissions closeJune 20, 2025
Notification of Selected ProposalsJuly 04, 2025

For questions or additional information, please contact: [email protected]

CIPESA at the 2025 African Internet Governance Forum (AfIGF)

By CIPESA Writer |

From May 29-31, the African Internet Governance Forum (AfIGF) will be held in Dar es Salaam, Tanzania. Under the theme “Empowering Africa’s Digital Future”, AfIGF serves to foster inclusive dialogue, collaboration, and innovation to shape the future of the Internet across Africa.

The AfIGF feeds into the annual Internet Governance Forum (IGF), convened by the United Nations (UN) Secretary-General as a global multistakeholder platform that facilitates discussions on Internet and digital public policy issues. This year, Norway will host the 20th IGF 2025 from June 23-27 in Oslo under the overarching theme “Building Digital Governance Together”.

As a key platform for dialogue on the internet governance landscape in Africa, the Africa IGF presents a unique platform for the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) to contribute insights and to shape policy in line with its continued commitment to promoting inclusive and effective use of ICT in Africa for improved governance and livelihoods.

May 28 | By invitation

The Road to WSIS+20: Key Stakeholder Perspectives in the Twenty-Year Review of the World Summit on the Information Society (Pre-event)

Hosts:  Civil Society Alliances for Digital Empowerment (CADE), CIPESA, Global Partners Digital and  Global Network Initiative (GNI)

This workshop assembles various stakeholders to inform civil society advocacy strategies and government engagement in the World Summit on the Information Society (WSIS) process. The engagement will equip government representatives with a clearer understanding of national positions and their involvement in the WSIS+20 process, while civil society entities and representatives will be better prepared to develop their advocacy strategies that feed into the process.

May 29 | Workshop room 1 | 09:00-10:00 (EAT)

Strengthening information integrity: African stakeholder Roundtable

Hosts: Research ICT Africa (RIA) and International Media Support (IMS)

This session aims to identify and map the key disinformation threats to electoral integrity in Africa, and to foster multi-stakeholder collaboration to address them. It will explore how media coalitions, fact-checkers, civil society, and researchers can work together to strengthen information integrity, especially during elections. This session forms part of RIA and IMS’s participatory research on effective media coalitions during elections, employing threat identification mapping similar to successful work during the recent Ghanaian elections. It will contribute to developing coordinated responses, raising awareness, and forming networks to mitigate information disorders across the continent.

May 29 | 09:45 – 10:30 (By Invitation Only)

Parliamentary Session:  Safeguarding Democracy in the Digital Age: Legislative Priorities and Policy Pathways in Africa

Host: UN Internet Governance Forum Secretariat (IGF)

Citizens need to have confidence in the system and institutions of democracy, including electoral processes. However, trust is deteriorating with the rapid spread of misinformation through digital technologies. This session brings together legislators from all African regions to exchange good practices on strengthening institutional resilience against misinformation and lessons learned from diverse regulatory approaches to preserve information integrity.

May 30 | 14:00-15:30 (EAT)

Host: African Union Commission

Toward a Trusted Pan-African Data Space: Aligning Regional Frameworks for Cross-Border Governance

As Africa advances toward a digital single market, this session explores how Regional Economic Communities (RECs) are implementing the African Union Data Policy Framework (AU DPF) to build trusted, interoperable, and rights-based data ecosystems. Representatives from the East African Community (EAC), the Economic Community of West African States (ECOWAS), and the Southern Africa Development Community (SADC), alongside the African Continental Free Trade Area (AfCFTA) Secretariat and civil society, will discuss regional efforts to harmonise data governance through new strategies, updated legislation, and alignment with digital trade protocols. The session aims to spotlight how REC-led initiatives can reduce policy fragmentation, promote innovation, and safeguard rights, ultimately contributing to a unified and inclusive pan-African data space.

 May 31 | 09:00 – 10:00 (EAT)

Securing African Sovereignty through Digital Public Infrastructure in the Era of Trade Barriers and Tariffs

Host: African Union Development Agency – NEPAD

This panel discussion will explore how Africa can harness its existing digital public infrastructure alongside the strategic development of new continental digital platforms to assert digital sovereignty amidst rising global digital trade barriers and tariffs. This provides a foundation to discuss the need to promote sovereignty across key digital ecosystems and platforms, such as the mobile app ecosystem, payment solutions, e-hauling solutions, corporate solutions, server infrastructure, social media platforms, and data sharing platforms. The discussion directly supports the objectives of the African Union (AU) Programme for Infrastructure Development in Africa (PIDA) of ensuring that the ICT infrastructure being developed is complemented by sovereign digital capabilities.

May 31 |  15:00 (EAT)

National and Regional IGFs in Africa: Challenges, Opportunities, and the Way Forward

Host: NRIs

The session aligns with the broader theme of the AfIGF, focusing on enhancing internet governance mechanisms in Africa. It will explore the critical role of national and regional IGFs in shaping inclusive, sustainable, and people-centered digital policies across the continent.
National and Regional IGFs are essential platforms for multi-stakeholder dialogue on IG issues.

Africa’s Digital Dilemma: Platform Regulation Vs Internet Freedom

By Brian Byaruhanga |

Imagine waking up to find Facebook and Instagram inaccessible on your phone – not due to a network disruption, but because the platforms pulled their services out of your country. This scenario now looms over Nigeria, as Meta, the parent company of Facebook and Instagram, may shut down its services in Nigeria over nearly USD 290 million in regulatory fines. The fines stem from allegations of anti-competitive practices, data privacy violations, and unregulated advertising content contrary to the national laws. Nigerian authorities insist the company must comply with national laws, especially those governing user data and competition. 

While this standoff centres on Nigeria, it signals a deeper struggle across Africa as governments assert digital sovereignty over global tech platforms. At the same time, millions of citizens rely on these platforms for communication, activism, access to health and education, economic livelihood, and self-expression. Striking a balance between regulation and rights in Africa’s evolving digital landscape has never been more urgent.

Meta versus Nigeria: Not Just One Country’s Battle

The tension between Meta and Nigeria is not new, nor is it unique. Similar dynamics have played out elsewhere on the continent:

  • Uganda (2021–Present): The Ugandan government blocked Facebook after the platform removed accounts linked to state actors during the 2021 elections. The block remains in place, effectively cutting off millions from a critical social media service unless they use Virtual Private Networks (VPNs) to circumvent the blockage.
  • Senegal (2023): TikTok was suspended amid political unrest, with authorities citing the app’s use for spreading misinformation and hate speech.
  • Ethiopia (2022): Facebook and Twitter were accused of amplifying hate speech during internal conflicts, prompting pressure for tighter oversight.
  • South Africa (2025): In a February 2025 report, the Competition Commission found that freedom of expression, plurality and diversity of media in South Africa had been severely infringed upon by platforms including Google and Facebook. 

The Double-Edged Sword of Regulation

Governments have legitimate reasons to demand transparency, data protection, and content moderation. Today, over two-thirds of African countries have legislation to protect personal data, and regulators are becoming more assertive. Nigeria’s Data Protection Commission (NDPC), created by a 2023 law, wasted little time in taking on a behemoth like Meta. Kenya also has an active Office of the Data Protection Commissioner, which has investigated and fined companies for data breaches. 

South Africa’s Information Regulator has been especially bold, issuing an enforcement notice to WhatsApp to comply with privacy standards after finding that the messaging service’s privacy policy in South Africa was different to that in the European Union. These actions send a clear message that privacy is a universal right, and Africans should not have weaker safeguards.

These regulatory institutions aim to ensure that citizens’ data is not exploited and that tech companies operate responsibly. Yet, in practice, digital regulation in Africa often walks a thin line between protecting rights and suppressing them.

While governments deserve scrutiny, platforms like Meta, TikTok, and X are not blameless. They often delay to respond to harmful content that fuels violence or division. Their algorithms can amplify hate, misinformation, and sensationalism, while opaque data harvesting practices continue to exploit users. For instance, Branch, a San Francisco-based microlending app operating in Kenya and Nigeria, collects extensive personal data such as handset details, SMS logs, GPS data, call records, and contact lists in exchange for small loans, sometimes for as little as USD 2. This exploitative business model capitalises on vulnerable socio-economic conditions, effectively forcing users to trade sensitive personal data for minimal financial relief.

Many African regulators are pushing back by demanding localisation of data, adherence to national laws, and greater responsiveness, but platform threats to exit rather than comply raise concerns of digital neo-colonialism where African countries are expected to accept second-tier treatment or risk exclusion.

Beyond privacy, African regulators are increasingly addressing monopolistic behaviour and unfair practices by Big Tech as part of a broader push for digital sovereignty. Nigeria’s USD 290 million fine against Meta is not just about data protection and privacy, but also fair competition, consumer rights, and the country’s authority to govern its digital space. Countries like Nigeria, South Africa and Kenya are asserting their right to regulate digital platforms within their borders, challenging the long-standing dominance of global tech firms. The actions taken against Meta highlight the growing complexity of balancing national interests with the transnational influence of tech giants. 

While Meta’s threat to exit may signal its discomfort with what it views as restrictive regulation, it also exposes the real struggle governments face in asserting control over digital infrastructure that often operates beyond state jurisdiction. Similarly, in other parts of Africa, there are inquiries and new policies targeting the market power of tech giants. For instance, South Africa’s competition authorities have looked at requiring Google and Facebook to compensate news publishers  (similar to the News Media and Digital Platforms Mandatory Bargaining Code in Australia). These moves reflect a broader global concern that a few platforms have too much control over markets and need checks to ensure fairness.

The Cost of Disruption: Economic and Social Impacts

When platforms go dark, the consequences are swift:

  • Businesses and entrepreneurs lose access to vital marketing and sales tools.
  • Creators and influencers face income loss and audience disconnection.
  • Activists and journalists find their voices limited, especially during politically charged periods.
  • Citizens are excluded from conversations and accessing information that could help them make critical decisions that affect their livelihoods.
  • Students and educators experience setbacks in remote learning, particularly in under-resourced communities that rely on social media or messaging apps to coordinate learning.
  • Access to public services is disrupted, from health services to government updates and emergency communications.

A 2023 GSMA report showed that more than 50% of small businesses in Sub-Saharan Africa use social media for customer engagement. In countries such as Nigeria, Uganda, Kenya or South Africa, Facebook and Instagram are lifelines. Losing access even temporarily sets back innovation, erodes trust, and impacts livelihoods.

A Call for Continental Solutions

Africa’s digital future must not hinge on the whims of a single government or a foreign tech giant. Both states and companies should be accountable for protecting rights in digital contexts, ensuring that development and digitisation do not trample on dignity and equity. This requires:

  • Harmonised continental policies on data protection, content regulation, and digital trade.
  • Regional norm-setting mechanisms (like the African Union) to enforce accountability for both governments and corporations.
  • Investments in African tech platforms to offer resilient alternatives.
  • Public education on digital rights to empower users against abuse from both state and corporate actors.
  • Pan-African contextualised business and human rights frameworks to ensure that digital governance aligns with both local realities and global human rights standards. This includes the operationalisation of the UN Guiding Principles on Business and Human Rights, following the examples of countries like Kenya, South Africa and Uganda, which have developed national action plans to embed human rights in corporate practice.

The stakes are high in the confrontation between Nigeria and Meta. If mismanaged, this tension could lead to fragmentation, exclusion, and setbacks for internet freedom, with ordinary users across the continent paying the price. To avoid this, the way forward must be grounded in the multistakeholder model of internet governance which aims for governments to regulate wisely and transparently, and for tech companies to respect local laws and communities, and for civil society to be actively engaged and vigilant. This will contribute to a future where the internet is open, secure, and inclusive and where innovation and justice thrive.