Kenyans may soon face increased online surveillance if a new amendment to the country’s information and communication law is passed.
The Kenya Information and Communications (Amendment) Bill, 2025, sponsored by Aldai MP Marianne Kitany, seeks to compel internet service providers (ISPs) to adopt metered billing systems that assign each user a unique, traceable internet meter number.
According to the proposal, these systems will generate invoices based on actual data consumption and enable users to verify their bills. Kitany argues the changes are aimed at consumer protection and effective internet regulation.
In addition, ISPs would be required to submit detailed records from the billing systems—including every subscriber’s meter number—to the Communications Authority of Kenya (CA) at least once per financial year.
The bill proposes changes to the Kenya Information and Communications Act, expanding the definition of a “telecommunication operator” to explicitly include ISPs. It also introduces new clauses mandating the rollout of the metered billing systems.
“The bill requires internet service providers to develop and deploy quality metered billing systems capable of monitoring customer usage, converting it into readable details, and generating invoices that reflect the value customers receive from various internet services,” the memorandum of objects and reasons states.
All current ISP licenses and registrations will remain valid until their expiry. Future licensing will fall under the amended framework.
The bill also introduces new obligations for telecom operators concerning SIM card registration. They will be required to collect and securely store full subscriber details, including names, ID numbers, dates of birth, and physical addresses. Subscriber data can only be disclosed under specific legal conditions, such as during criminal investigations or statutory duties.
Violations of the proposed law could attract fines of up to Sh5 million.
The bill further proposes stringent age-verification rules for users of social media platforms such as WhatsApp, Facebook, Instagram, and LinkedIn. New and existing users will have to confirm their age using their national ID cards before gaining access.
Content and application service providers will be responsible for enforcing these measures, while mobile service providers must ensure SIM card registrations comply with the new requirements.
Kitany defended the proposal by pointing to the ease with which users currently bypass age restrictions on online platforms.
“The society as a whole, including all participants of the internet ecosystem, is responsible for safeguarding the rights of children in their access and use of information, communication and technological products and services,” the Bill reads.
The proposal has sparked widespread debate, with critics warning that it poses a threat to data privacy and free expression.
Communications expert Patrick Kinyua questioned the rationale behind the legislation, accusing the government of seeking to stifle online freedoms.
“What problem is the proposed law seeking to cure? Why is the government hell-bent on monitoring what its subjects are searching online? This is a clear reflag that this regime is developing dictatorial tendencies,” he said on X.
Another user, @LegendKE, likened the proposal to past policies from the Moi era that mandated the periodic publication and sharing of telephone and postal data.
