EXPLAINER: Understanding Bill that seeks to allow State to snoop on social media users

The government could soon gain sweeping powers to monitor Kenyans' online activities if proposed amendments

The government could soon gain sweeping powers to monitor Kenyans' online activities if proposed amendments to the country’s information and communication law are passed.

The involvement of a UDA legislator has fueled speculation that the government may be backing the renewed push to tighten control over internet usage and online behaviour.

Here is what you need to know about the Bill's radical proposals:

Among its most controversial proposals, the Bill seeks to compel internet service providers (ISPs) to adopt metered billing systems that assign every customer a unique, traceable internet meter number.

These systems would monitor usage, generate invoices based on actual consumption, and allow customers to verify their bills.

According to the Bill's sponsor, Kitany, the objective is to protect consumers and regulate internet use more effectively.

However, critics warn it could open the door to mass surveillance under the guise of billing transparency.

The Bill further proposes that ISPs submit detailed data from these billing systems—including each subscriber’s meter number—to the Communications Authority of Kenya (CA) at least once every financial year.

To support these measures, the Bill seeks to amend the Kenya Information and Communications Act by expanding the definition of a "telecommunication operator" to explicitly include ISPs.

It also introduces new clauses requiring ISPs to comply with the metered billing requirements.

Additionally, the Bill amends Section 27A to detail the duties of telecommunications operators.

Before selling a SIM card or providing telecommunication services, operators would be required to obtain personal information, including:

For individuals: Full name, ID number, date of birth, gender, physical and postal address.

For corporations or statutory bodies: Official name, postal and physical address, registration details, and enabling legislation or gazette notice.

The Bill mandates that existing subscribers register their SIM cards within a specified timeframe and that operators maintain accurate, up-to-date physical or electronic records.

It also emphasises that subscriber registration data must be stored securely and kept confidential, only to be disclosed with the subscriber's written consent.

However, the Bill provides exceptions, allowing telecommunications operators to disclose such data without consent for:

The performance of statutory functions by the CA

Investigations into criminal offences

Criminal or civil proceedings under the Act

In addition, the Bill requires telecom operators to clearly disclose all charges related to premium rate services, including the amount, frequency, and purpose, except where services are rendered on behalf of public bodies. Violators would face fines of up to Sh 5 million.

The Bill also introduces strict age verification requirements for social media platforms.

Both new and existing users of platforms such as WhatsApp, Facebook, Instagram, and LinkedIn will be required to confirm their age using national ID cards.

Content Service Providers (CSPs) and Application Service Providers (ASPs) will be responsible for enforcing these verifications, while mobile service providers will ensure SIM registration aligns with the age-verification mandate.

“The society as a whole, including all participants in the internet ecosystem, is responsible for safeguarding the rights of children in their access to and use of information, communication, and technological products and services,” the Bill states.

ISPs and telcos will be required to submit billing system information and assigned internet meter numbers to the CA annually.

All current ISP licenses and registrations will remain valid until expiry, but any future licensing will be governed by the proposed new provisions.

The Bill, dated February 21, 2025, was received by the National Assembly on March 7, 2025.

The Bill defines the telecommunication system as” to mean a system for the conveyance.

“The bill requires internet service providers to develop and deploy quality metered billing systems capable of monitoring customer usage, converting it into readable details, and generating invoices that reflect the value customers receive from various internet services,” the bill’s memorandum of objects and reasons reads.

Thrrough the agency of electric, magnetic, electro-magnetic, electrochemical or electro-mechanical energy, of speech, music and other sounds; visual images; data; signals serving for the impartation (whether as between persons, things and things or persons and things) of any matter otherwise than in the form of sound, visual images or data; or signals serving for the activation or control of machinery apparatus and includes any cable for the distribution of anything falling  in the above list.

According to the Bill, a telecommunication operator means a telecommunication operator licensed under section 79A.

“The society as a whole, including all participants of the internet ecosystem, is responsible for safeguarding the rights of children in their access and use of information, communication and technological products and services,” reads the Bill.

A telecommunication service means a service consisting of the conveyance by means of a of anything falling with telecommunications  system, a service consisting of the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of apparatus which is or is to be connected to a telecommunication system.

It also means a directory information service, being a service consisting of the provision by means of a telecommunication system of directory information for the purposes of facilitating the use of a service.

Communications expert, Patrick Kinyua, wonders what the proposed law intends to cure apart from deliberate efforts to muzzle freedom of expression.

“What problem is the proposed law seeking to cure? Why is the government hell-bent on monitoring what its subjects are searching online? This is a clear reflag that this regime is developing dictatorial tendencies,’’ he said on X.