The Kenya Information and Communication (Amendment) Bill, 2025 (the “Bill”), seeks to amend the Kenya Information and Communication Act, Cap. 411A (the “Act”) to implement a metered billing system for internet services in Kenya. The metered billing system will track real-time data consumption and bill according to usage. Currently, consumers are billed through prepaid bundles or “unlimited” plans, both of which charge users regardless of actual data usage, with the latter often subject to fair usage caps. According to the sponsor of the Bill, internet usage will use a billing model similar to water and electricity. The grounding of the Bill is Article 46 of the Constitution on consumer protection by fairer pricing of internet services.

 The Bill proposes to amend Section 2 of the Act by expanding the definition of a “telecommunications operator” to include Internet Service Providers (ISPs). This brings ISPs under the regulatory purview of the Communications Authority of Kenya (CA), subjecting them to the same obligations as other telecommunications operators.

A new subsection, 27A(3C), mandates ISPs to implement a metered billing system. Under this system, each customer would be assigned a unique meter number to monitor their internet consumption. The system then generates readable details of the total data used from which invoices can be produced and verified by users, ensuring customers confirm and pay for actual data usage.

Subsection 27A(3D) requires ISPs to submit detailed reports on their metered billing systems, including internet meter numbers issued to subscribers, to the CAK at least once every financial year. This provision aims to enhance regulatory oversight and ensure compliance with the new billing framework.

Implications

Positive Implications:

• Consumer Protection: By aligning billing with actual data usage, consumers may benefit from fairer pricing, potentially reducing costs incurred on unused data.
• Regulatory Oversight: The requirement for ISPs to report to the CAK enhances transparency and accountability within the internet service sector.
• Protection of Minors: With ISPs as telecommunication operators, Sec 27A of the Act on the requirement of identity cards could limit minors’ unsupervised internet use and protect them from harmful online content.

Concerns and Challenges:

• Data Privacy: The metered billing system involves detailed monitoring of individual internet usage and might extend to actual activities online, raising concerns about potential infringements on the right to privacy as enshrined in Article 31 of the Constitution of Kenya, 2010, and Sec 3(c) of the Data Protection Act, 2019.
• Digital Inclusion: Requiring identification for internet access may inadvertently exclude individuals unwilling to share their Information and those without formal identity cards, such as minors and marginalized groups, potentially widening the digital divide.
• Cost Implications: While the pay-as-you-use model may benefit low-data users, it could lead to higher costs for heavy internet users, such as students and remote workers, affecting affordability and access.

Conclusion

The Bill, as currently drafted, lacks safeguards on the handling and processing of personal data, as well as on the mechanisms for monitoring internet usage, thereby risking a rollback of privacy protections guaranteed under the Constitution of Kenya, 2010, and the Data Protection Act, 2019. With consumer-friendly billing models like unlimited usage and non-expiring bundles already in place—and no evidence showing their inadequacy—the Bill’s true intention is called into question.