The Kenya Information and Communication (Amendment) Bill, 2025

Key Highlights

The Bill proposes amendments to the existing Kenya Information and Communications Act (Cap 411A) by expanding the definition of a ‘Telecommunication Operator’ to include an Internet Service Provider (ISPs).

ISPs will be required to operate and maintain a Meter Billing System. This system must;

1. Assign a unique and identifiable meter number to each customer
2. Monitor Customer Usage
3. Convert customer usage into readable details
4. Create Invoices based on consumption rates
5. Allow for user verification of invoices

Annual Information Submission: ISPs licensed under the Act will be required to submit annual information on their billing systems, including internet meter numbers, to the Communications Authority of Kenya.

Additionally, the Bill introduces mandatory age verification for social media users using national IDs to protect children from harmful content.

Telecom operators must collect extensive personal details including: full names, ID numbers, date of birth, and physical address.

Key Implications

• Increased transparency and fairness for Internet users who would benefit from greater transparency in billing, as charges would directly reflect their actual consumption.
• Mandating consumption-based billing could raise costs for users and complicate ISP operations, potentially restricting affordable internet access and hindering social and economic growth. Additionally, ISPs would need to invest heavily in developing, deploying, and maintaining robust metered billing systems capable of real-time usage monitoring, data conversion, and invoice generation.
• Existing licenses and registrations held by ISPs will remain valid until their expiry upon the Bill becoming law. However, all subsequent licensing and registration of internet service providers will be issued under the provisions of the Amended Act.
• Although safeguarding children online is crucial, mandating age verification via national IDs for all social media users poses privacy risks and could hinder digital access. This requirement may disproportionately affect vulnerable groups without official identification or those wary of data exploitation, undermining digital inclusion efforts.