KEPSA Opposes Internet Metering Bill Over Privacy, Cost Fears
The Kenya Private Sector Alliance (KEPSA) has urged Parliament to reject the Kenya Information and Communications (Amendment) Bill, 2025. They argue that the bill, aimed at protecting internet users, could lead to higher costs and privacy concerns.
Privacy Concerns and Metered Billing
KEPSA, represented by Ben Roberts, Chair of the ICT Sector Board, presented its case to the National Assembly’s Departmental Committee on Communication, Information, and Innovation. While acknowledging the bill’s intention to safeguard consumers, they believe that transitioning from flat-rate broadband to metered billing will cause more harm than good.
The legislation mandates internet providers to submit yearly reports on their billing systems to the Communications Authority, imposing a KES 5 million fine for non-compliance. Its goal is to protect users’ economic interests, but critics express concerns about privacy.
The proposed metered system would tie users’ identities to their internet usage data. Combined with existing subscriber information, this could create detailed profiles of individual online activities. Although the bill doesn’t require content recording or live monitoring, it lacks clear guidelines on data retention, access, and error correction.
Amnesty Kenya and the International Commission of Jurists Kenya have voiced concerns about potential government surveillance and self-censorship among journalists and activists.
Cost Implications and Network Strain
KEPSA also emphasizes the financial impact of metered billing. Currently, fixed broadband plans offer set prices for specific speeds, typically ranging from KES 1,500 to KES 4,200 monthly. Metering could introduce usage caps and higher charges for heavy users, leading to unpredictable monthly expenses.
Internet service provider Poa! Internet has cautioned lawmakers that this change would significantly increase consumer costs, particularly affecting freelancers, tutors, developers, and young people who depend on the internet for income.
The bill’s requirements for new billing, storage, and security systems may disproportionately burden smaller or rural internet service providers, potentially reducing competition and slowing network expansion.
Furthermore, mandating a specific billing model could limit the regulator’s flexibility to adapt to technological changes.
Alternative Solutions and Safeguards
KEPSA proposes that clearer invoices, independent audits, refunds for overbilling, and regulatory reports could achieve similar consumer protection goals without compromising privacy.
If Parliament moves forward with the metering plan, KEPSA recommends implementing safeguards, including data retention limits, strict access controls, prompt data breach notifications, and a prohibition on content inspection for billing purposes.
