MPs warned against proposed internet law that could expose Kenyans’ browsing data

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MPs warned against proposed internet law that could expose Kenyans’ browsing data

The National Youth Council (NYC) has warned Parliament against adopting proposed internet regulations that could expose Kenyans’ personal information, undermine online privacy, and make access to the internet more expensive.

The Council raised concerns over the Kenya Information and Communications (Amendment) Bill, 2025, which seeks to introduce consumption-based internet billing by requiring internet service providers (ISPs) to monitor customers’ usage, assign them unique meter numbers and generate invoices based on the amount of data consumed.

Appearing before the National Assembly Committee on Communication, Information and Innovation on Thursday, November 5, 2026, NYC Chief Executive Officer Gloria Wawira urged MPs to ensure the proposed law does not create opportunities for excessive collection of personal information or restrict Kenyans’ digital freedoms.

The Council said the Bill leaves important questions unanswered regarding the type of information internet providers would be required to collect, how long the records would be retained and what safeguards would prevent the data from being accessed or misused.

It warned that linking identifiable subscriber meter numbers to detailed internet usage records could expose personal information and discourage young people from freely researching, expressing opinions and participating in civic affairs.

“We support accountability in internet billing, but accountability must never become a platform for inordinate privacy intrusion. Consumers should be able to verify what they pay for without surrendering their privacy or having their browsing activities exposed,” Wawira told the committee.

The Council wants Parliament to restrict internet metering to the volume of data transferred for billing purposes, with an explicit prohibition on collecting browsing histories, search terms, communications, content viewed and destination-level information.

It argued that consumers should be able to confirm how much data they have used without having their online activities exposed through the billing system.

Beyond privacy concerns, the Council warned that mandatory consumption-based billing could increase the cost of internet access and make monthly expenditure less predictable for millions of users.

The proposed legislation seeks to require internet service providers to introduce systems capable of monitoring customer usage, converting the information into readable details and generating invoices based on consumption.

The Council cautioned that such a system could disadvantage students, freelancers, remote workers and digital content creators who depend on reliable internet connections for their studies and livelihoods.

It wants Parliament to retain existing prepaid bundles, capped packages and unlimited internet plans as available consumer choices.

Wawira said consumers should not be forced into one billing arrangement, proposing an opt-in system that would allow subscribers to choose packages according to their needs and financial circumstances.

“Our proposal is that we put in opt-in options so that we leave the consumer with a choice. In the interest of young people and their access to the internet, we believe an opt-in set-up is ideal,” she said.

The Council also proposed usage alerts, optional spending limits, transparent tariffs, itemised invoices and accessible mechanisms for resolving billing disputes.

It further called for an independent regulatory and human-rights impact assessment before the proposed changes are implemented, saying Parliament should establish their likely financial implications for different categories of internet users.

“The internet is no longer a luxury for young people. It is a classroom, an office, a marketplace and a gateway to opportunity. Any legislation that changes how Kenyans access or use the internet must protect these opportunities rather than restrict them,” Wawira said.

The concerns were raised as the National Assembly committee continued receiving submissions from stakeholders on the proposed legislation.

Mbooni MP Nzioka Kivasu said Parliament had a responsibility to protect consumers and would consider the Council’s recommendations alongside submissions from other stakeholders before making its final recommendation on the Bill.

“We are also here to protect the consumer. We have listened to a lot of submissions on this Bill, and we will consider your submission alongside the others before making our final recommendation,” Kivasu said.

The legislator also sought clarification on international best practices in internet billing, the performance of different billing models and the availability of fixed and non-fixed data packages.

Wawira maintained that consumers should retain the flexibility to choose between unlimited, weekly and monthly bundles rather than being compelled to adopt a consumption-based billing arrangement.

Isiolo South MP Tubi Mohamed also backed the need to recognise internet connectivity as an important platform for young people’s economic participation.

The Kenya Information and Communications (Amendment) Bill, 2025, also known as National Assembly Bill No. 9 of 2025, is sponsored by Aldai MP Marianne Kitany.

Its principal objective is to introduce metered internet billing based on consumption, with the stated intention of protecting consumers against exploitation and ensuring they receive value for the services they purchase.

Under the proposed framework, internet service providers would be required to develop systems capable of monitoring customer usage, assign subscribers unique meter numbers and issue consumption-based invoices.

An conceptualized internet data meter displays heavy consumption alongside a Faiba Wi-Fi router in Kenya

The providers would also be required to submit information relating to their billing systems to the Communications Authority of Kenya (CA).

However, the proposal has attracted criticism from industry players and digital rights advocates, who have questioned its potential impact on privacy, affordability and consumer choice.

In October 2026, the Kenya Private Sector Alliance (KEPSA) urged Parliament to reject the Bill, arguing that mandatory metered billing could increase operational costs for internet providers and eventually push up prices for consumers.

The organisation also raised concerns over the collection and retention of identifiable subscriber usage records, warning that inadequate safeguards could expose sensitive information to misuse.

The Communications Authority also presented its position to the parliamentary committee on November 3, cautioning against making consumption-based billing mandatory across the sector.

The regulator argued that compulsory usage-based billing could undermine affordability, digital inclusion and consumer choice, particularly among low-income households, students, small businesses and communities in underserved areas.

Instead, it proposed measures such as mandatory usage alerts at 50, 80 and 100 per cent of consumption thresholds, free real-time usage dashboards, monthly expenditure caps and consumer-selected spending limits.

The Authority also recommended clearer itemised bills, independent audits of metering systems and affordable broadband packages for low-income households and students.

The Bill remains under consideration by Parliament and has not yet become law.

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