Silencing Dissent in Digital Kenya: State Strategies of Surveillance, Legal Harassment and the Illusion of Media Freedom

Digital media is often framed as a democratising force across Africa, yet its expansion has coincided with the emergence of new forms of state control. Kenya exemplifies this paradox. Despite robust constitutional protections for freedom of expression under Articles 33–35, state actors increasingly deploy legal ambiguity, surveillance practices and economic coercion to discipline digital dissent. Drawing on a thematic analysis of 22 semi-structured interviews with journalists, bloggers, activists, policymakers and regulators, alongside a systematic review of statutory and policy documents, this study examines how digital authoritarianism is operationalised within a formally democratic framework. The findings demonstrate that repression in Kenya functions not primarily through overt shutdowns or blanket censorship, but through routinised regulatory indeterminacy, anticipatory surveillance and targeted financial vulnerability. By foregrounding the interaction between constitutional guarantees and institutional practice, the study refines debates on digital authoritarianism, illustrating how hybrid regimes institutionalise control without abandoning democratic form. The article concludes with policy recommendations to strengthen legal clarity, surveillance oversight and economic independence in the media sector, highlighting the broader implications for digital governance in hybrid political systems.