Unchecked State surveillance curtails freedom of expression

The release of two investigative reports this week into technology-enabled state surveillance and violence against critics of the state reminds us of a disturbing reality.

Despite Kenya authorities’ heavy investment in building an open and prosperous digital economy, digital rights violations persist. Left unchecked, they will continue to puncture the power of our constitutional freedoms and the Data Protection Act (2019). Amnesty International’s latest report “This fear, everyone is feeling it”, empirically documents what has been widely suspected. Kenyan authorities systematically used tech-facilitated violence to suppress Generation Z-led protests against corruption, tax laws and police brutality between June 2024 and July 2025. Through coordinated online harassment, smear campaigns, disinformation and state-sponsored trolling, activists were intimidated, silenced and criminalised. Several of those targeted and cited in the report were among the 128 deaths, 3,000 arrests, and 83 enforced disappearances recorded by the KNCHR among other human rights agencies.

Social media platforms were weaponised to amplify pro-government narratives and drown out dissent. Women and queer activists faced misogynistic abuse and artificially generated sexualised content. The report cites credible evidence of unlawful surveillance allegedly supported by telecom companies.

The report calls for urgent investigations, accountability for enforced disappearances and killings and an end to the undermining of the freedom of expression and peaceful assembly.

Released separately also this week, the Africa Uncensored documentary “Invisible Eyes: Inside State Surveillance in Kenya” details how major telecom providers allegedly used state surveillance to track, intimidate, and silence activists during the same period. The documentary builds on research by rights groups like KICTANet and ARTICLE 19, calling for accountability from both state and corporate actors. Like Amnesty’s report, the documentary concludes, unchecked state surveillance erodes constitutional freedoms and fosters a climate of fear. The two findings mirror a disturbing global trend across democratic and authoritarian states. Mass intrusive state surveillance is increasing justified by fear-based arguments rooted in national security, counterterrorism and crime prevention. Governments across the world are violating laws requiring judicial approval for spying on citizens and prior informed individual consent by individuals and businesses.

Digital technologies are increasingly being weaponised to stifle legitimate accountability efforts. They are used on political opponents, whistleblowers, journalists, marginalized groups, and active citizens who challenge corruption and impunity. There is no comfort for the broader public.

Digital state authoritarianism opens the door to digital market anarchy and retailers sharing our consumer history to unwanted marketeers, employers secretly monitoring our private communications while at work, fitness apps sharing our health details to our health insurance companies and digital taxi apps storing and sharing where we live and work.

Both reports conclude unregulated mass or targeted state surveillance creates fear, stifles active citizenship and erodes constitutionalism. Despite weeks in Kenya’s own “fridges”, police custody or court, youthful activists continue to call out corruption, extravagant and unlawful government behaviour and urge young people to register to vote or stand as candidates.

If not “everyone is feeling fear”, does this throw into question the efficacy of this approach? Is it time for the Kenyan state to back away from these authoritarian practises and explore new ways of listening and acting on what troubles Kenya? The costs to our digital economy may be broader and less visible. Excessive state surveillance reshapes consumer and corporate behaviour. It encourages you and I to revert to non-traceable, cash-based transactions. It also leaves companies increasingly worrying about their investment, proprietary innovations, trademarks and copyrights.

Fortunately, we have tools and laws that protect our right to privacy. You can use VPNs, encrypted messaging apps and other privacy tools to keep your communication secure. Practising digital hygiene is as important as our physical health and mental wellbeing. Let us also demand that the State and telecom companies respect our constitutional rights to privacy, free expression and public accountability.