Kenya's proposed internet billing law faces scrutiny over privacy and cost concerns

Kenya's proposed Kenya Information and Communications (Amendment) Bill, 2025 is facing scrutiny over provisions that would change how internet services are billed and require service providers to collect and submit information about subscriber usage, according to Nation.

The Bill, sponsored by Aldai MP Marianne Kitany, proposes a metered billing system under which every internet subscriber would be assigned a unique and identifiable meter number. Internet Service Providers (ISPs) would monitor usage and generate invoices based on consumption.

The International Commission of Jurists (ICJ) Kenya has raised concerns about the implications of the proposed system, arguing that the metering requirements could create a mechanism through which authorities gain access to detailed information about how individuals use the internet.

Under the proposal, ISPs would be required to submit annual information on their billing systems to the Communications Authority of Kenya (CA), including internet meter numbers and subscriber usage information.

The ICJ has described the proposed framework as a potential surveillance infrastructure, arguing that assigning users unique, trackable meter numbers could make it possible to build detailed records of their online activity.

The organisation has also questioned the safeguards surrounding information collected through the proposed billing system. It argues that the Bill does not adequately clarify how sensitive usage information would be stored, protected or accessed.

The privacy concerns come alongside questions about the potential cost of consumption-based internet billing. The ICJ has warned that such a system could increase the cost of internet access for lower-income users if billing shifts away from existing flat-rate packages.

The proposed metering model would require ISPs to monitor customer usage, convert that information into readable details and generate invoices according to consumption. Legal analysis of the Bill has also identified the investment required to establish and maintain such billing systems as a potential challenge for providers.

The proposal is presented in the Bill as a consumer protection measure. Its stated objective includes giving consumers greater transparency over what they pay for by linking charges to actual internet consumption.

That justification has not settled the debate. The ICJ argues that consumer protection should not come at the expense of privacy and freedom of expression, particularly where a regulatory system would require the collection of detailed information about internet use.

The Bill is currently before Parliament, where stakeholders have been making submissions on its proposed changes. Parliamentary discussions have included concerns from internet service providers about the effect of mandatory metering on existing broadband packages and operating costs.

The debate therefore extends beyond how consumers receive their internet bills. It also raises questions about what information providers would be required to collect, how long such information would be retained and what safeguards would govern access to it.

For the proposed law to proceed, Parliament will have to consider the competing arguments around billing transparency, affordability and privacy. The current concerns remain part of an ongoing legislative debate rather than a settled finding about how the system would ultimately operate.