A proposed overhaul of internet billing rules has come under scrutiny after Jamii Telecommunications Limited warned that forcing providers to charge customers according to data consumed could narrow the range of packages available to Kenyans and expose sensitive subscriber information.
The company, which operates under the Faiba brand, told MPs that consumers should be allowed to choose between different pricing options instead of being pushed into a single billing model.
It also raised concerns over a proposal requiring telecommunications companies to submit detailed information on how individual subscribers use internet services.
JTL Chief Executive Officer Dr C.K. Joshua and other company officials appeared before the National Assembly Departmental Committee on Communication, Information and Innovation on Thursday, August 13, 2026, to give their views on the Kenya Information and Communications (Amendment) Bill, 2025.
While supporting the Bill’s goal of making internet charges clearer and easier for customers to verify, JTL asked Parliament to review provisions it said could create problems for operators and consumers.
The company singled out Section 27A(3C), which proposes that internet services be charged according to consumption.
JTL said the requirement could affect the way internet packages are offered, particularly unlimited and speed-based plans used by homes, businesses, schools and other institutions.
“The Bill should preserve diverse, lawful billing models, including unlimited and speed-tiered packages, so long as customers receive clear, verifiable and accurate billing information,” Joshua said.
He said JTL supports giving customers information about their internet use but does not want such access to come at the expense of consumer choice.
“We propose that instead of having a metered billing system, the ISP shall have a billing system that generates invoices in accordance with the tariff package or pricing model subscribed to by the customer,” the CEO said.
According to Dr Joshua, the proposed approach would allow customers to see their usage while retaining the right to select the package that works best for them.
“We are not locking or forcing a customer to subscribe to consumption-based billing only. They can be able to see their consumption, but they can choose the model that they would want,” he said.
JTL pointed to its existing Faiba services as an example of how different billing approaches can operate within the same network.
Faiba Mobile users purchase set data bundles and their usage is deducted from those bundles, while Faiba Fixed customers can subscribe to unlimited internet packages based on selected speeds.
The company said its network already has the ability to track usage and give customers access to accurate consumption information.
“The capabilities contemplated by the Bill, accurate usage measurement, customer access to usage information and verifiable billing—are already operational within JTL’s network,” Joshua said.
Cost Implications
JTL warned that applying consumption-based billing across the industry would force providers to make major investments in systems that can monitor and calculate every unit of data used.
The company said operators could be required to invest in Deep Packet Inspection infrastructure and more advanced billing platforms, with the resulting costs potentially being transferred to consumers.
“A requirement to invoice per unit of consumption would price the service on an input that no longer drives cost,” the CEO said.
He maintained that speed-based flat charges remain a better way of reflecting the costs involved in providing fixed internet services.
JTL also challenged another proposal that would require internet subscribers to be assigned physical “meter numbers”.
The company said internet networks are built around digital and virtual systems, making physical meter identification unsuitable for the sector.
Unlike electricity and water services, which rely on physical meters, internet connectivity is delivered through virtualised, packet-switched networks, JTL said.
The operator argued that existing identifiers, including IP addresses and customer account numbers, are already sufficient for identifying subscribers.
“Introducing a legacy utility numbering system is technologically incompatible with modern internet protocol architecture and operationally redundant,” JTL said.
Privacy Concerns
JTL also raised questions about a proposed requirement for operators to submit subscriber-level usage information every year.
The company said detailed records showing how individual customers use internet services could create a major privacy and security concern if collected and stored in one State repository.
It warned that the proposal could conflict with the data minimisation principle under the Data Protection Act, 2019, and Article 31 of the Constitution, which provides for the right to privacy.
“Aggregating sensitive, personally identifiable usage data within a single State repository creates a high-value target for cybersecurity attacks and catastrophic data breaches,” Joshua warned.
JTL asked the committee to change the annual reporting requirement so that operators are not required to submit personal or identifiable subscriber-level usage information.
“When it comes to the annual returns, just to reframe that clause to exclude sensitive data, that is personal data or identifiable subscriber-level usage information,” he said.
The company indicated that it would have fewer objections to the proposed legislation if the areas it had identified were addressed.
“If we can be able to fine-tune those sections, I think the Bill is okay as it is,” another official said.
Committee chairman Dagoretti South MP John Kiarie welcomed JTL’s presentation and said stakeholder views would help MPs assess the impact of the proposed changes before the legislation is finalised.
“Thank you. I want to thank Jamii Telecom for honoring the invite here. The bills that you bring to this committee are useful bills,” Kiarie said.
He told the company that Parliament had already acted in areas linked to some of its concerns, including cybersecurity and protection of personal information.
“Allow me to also, in response, let you know that this committee has actually taken steps in the direction that you're proposing. Enforcement might be an issue,” he said.
Kiarie cited the Computer Misuse and Cybercrimes law, saying Kenya had put in place legislation to deal with offences linked to the digital space.
He said laws governing the digital economy must be backed by enforcement to ensure consumers are protected while businesses operating within the sector are able to function within a clear legal framework.
The chairman also referred to legislation dealing with privacy and data protection, saying JTL’s concerns were already part of issues being considered by Parliament.
“This committee has, in its own motion, developed the Kenya Privacy and Data Protection Law, which again speaks to the submissions that you make,” Hon. Kiarie said.
He said MPs also have a responsibility to ensure Kenyans understand laws passed by Parliament and have an opportunity to provide feedback on how the laws affect them.
“Our task here as members of Parliament, yes, as we are doing the generation of these laws, is also to make sure that we put them out there for Kenyans to know,” he said.
Kiarie said feedback from stakeholders would also help Parliament determine whether additional measures or amendments were needed.
“More importantly, we also make sure that we get the feedback that you're giving us on the pieces of legislation that we pass, that where there's need for action on our end, we may be able to action,” he said.
JTL maintained that the Bill should protect consumers without taking away the different internet packages currently available in the market.
The company wants customers to receive reliable information on their internet usage while retaining the freedom to choose unlimited, speed-tiered or consumption-based plans depending on their needs.
The committee will consider JTL’s submissions alongside views from other industry players, regulators and stakeholders before making recommendations on the proposed amendments to the Kenya Information and Communications Act.