The days of paying a fixed amount for an internet package could be numbered if Parliament approves a proposal seeking to make service providers charge customers according to the amount of internet they actually use.
The proposed changes are contained in the Kenya Information and Communication (Amendment) Bill, 2025, sponsored by Aldai MP Marianne Kitany. The Bill seeks to amend the Kenya Information and Communications Act, Cap 411A, by introducing a metered billing system for internet services.
Under the proposal, customers would no longer simply pay for pre-set packages, with the amount charged instead determined by their consumption. The move is aimed at protecting internet users from what the Bill describes as excessive charges and securing their economic interests under Article 46 of the Constitution.
"The overall object of this Bill is to promote consumer protection by ensuring that consumers of internet services only pay for what they consume and not predetermined overpriced ine fernet services," the Bill reads.
The proposal comes at a time when some consumers continue to raise concerns about the cost of internet services and limited access, with users often moving from one provider to another in search of cheaper options.
If Parliament passes the Bill, every licensed internet service provider (ISP) would be required to operate a metered billing system. Each customer would be assigned a unique identifier through which their usage would be monitored and converted into information that can be understood by the subscriber.
The system would also require providers to prepare invoices according to individual consumption. Customers would have the ability to verify the information used to calculate their bills.
"An ISP licensed under this Act shall submit to the authority, at least once every financial year. information on the billing, including internet meter numbers issued to subscribers," the Bill reads.
Kitany says the current system of pre-priced wireless internet services and bundles does not necessarily reflect how much customers consume. She argues that the prices of these packages are inflated and are not determined by actual usage.
The proposed legislation is intended to cover a wide range of internet consumers, including young people and small-scale businesses that rely on connectivity for their day-to-day activities.
"The Bill seeks to secure the economic interest of internet consumers in line with Article 46 of the Constitution Consumer protection is a function of the government as provided for under the Fourth Schedule of the Constitution, it reads.
The proposed changes would not immediately invalidate licences held by existing service providers.
ISPs that currently have valid licences and registrations would continue operating under those permits until they expire. Any subsequent registration or licensing after expiry would then be carried out under the new law.
But the proposal has drawn opposition from some players in the sector, particularly over the cost and practicality of introducing a system capable of measuring individual internet use.
Questions have also been raised about whether service providers have the technical capacity to establish reliable systems that can continuously track usage and turn the information into accurate customer bills.
Putting the required infrastructure in place would come at a cost for ISPs. Industry players fear that these expenses could eventually be reflected in the prices paid by consumers, defeating the Bill's goal of making internet access more affordable.
The Committee on Information and Innovation, which is scrutinising the proposal, is considering an alternative approach that could see internet consumption measured through app-based platforms.
However, the use of such a system has also brought data protection concerns to the fore.
Experts have questioned the implications of collecting detailed records showing how individual subscribers use internet services. They argue that storing granular information on internet history and traffic volumes could go against the principle of data minimisation.
The principle requires organisations to only collect, use and keep personal information that is necessary for a specific and clearly stated purpose.
There are also fears that a central database containing detailed and personally identifiable records of internet use could become a target for cybercriminals.
Experts warn that if such information were accessed unlawfully, leaked or compromised, it could reveal extensive details about people's online activities. The records could also be exposed to commercial exploitation.
ISPs maintain that the proposed arrangement would require costly investments in new technology and could eventually result in higher charges for customers.
Among the infrastructure they would need are specialised network management systems, Deep Packet Inspection technology and complex billing mediation systems capable of measuring and recording internet traffic.
The proposal is not the first attempt to change the Kenya Information and Communications Act to strengthen consumer protection.
Previous efforts to amend the law have faced resistance from industry players. One such proposal sought to require telecommunications companies to obtain customers' consent before enrolling them for premium-rate services.
The measure was eventually enacted in 2017 after complaints from consumers who said they had been subscribed to the services without their consent and without being given full information on the charges.
The latest proposal therefore seeks to take consumer protection a step further by changing how internet services are charged, while leaving Parliament and industry players to grapple with the cost, technology and privacy challenges that could come with the new system.