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This brief examines Kenyan law and concludes that there is no legal basis for an Internet shutdown. It therefore calls upon state agencies to promote an open Internet during the elections and after. It also calls for more public debate on the issue of digital rights and for institutions such as the Kenya National Commission on Human Rights to spearhead more
9 understanding among actors on the human rights aspects of the Internet in Kenya. In addition, MNOs are called upon to proactively disclose to their customers and discuss with the public, their views and preparedness for network disruptions.

As Internet shutdowns have occurred around periods surrounding elections, the brief aims to raise awareness among election observers on the nexus between an open Internet and free and fair elections. It recommends that observers include openness of the Internet as a parameter in election observation.