The Kenya Information and Communications (Amendment) Bill, 2025
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Mandatory Consumption-Based Metered Billing
Internet service providers (ISPs) will be required to operate a metered billing system that monitors customer usage, converts data usage into readable details, and creates invoices based strictly on actual consumption.
Unique Customer Meter Numbers
The Bill mandates ISPs to assign a unique and identifiable meter number to each subscriber, enabling transparent tracking of individual internet consumption.
Annual Billing System Reporting
ISPs must submit comprehensive reports on their billing systems, including all issued internet meter numbers, to the Communications Authority of Kenya at least once every financial year.
Fines of up to KSh 5 Million for Contraventions
Because ISPs are classified as telecommunication operators under the proposed amendments, any failure to comply with the billing and registration requirements under Section 27A will attract a fine of up to KSh 5 million upon conviction.
Bill No.
No. 9 of 2025
Gazette No.
Supplement No. 36 of 2025
Sponsor
Marianne Jebet Kitany
Background
The Kenya Information and Communications (Amendment) Bill, 2025, sponsored by Hon. Marianne Jebet Kitany, MP, proposes to amend the Kenya Information and Communications Act (Cap 411A). The principal objective of the Bill is to introduce metered billing for internet services, ensuring that subscribers are billed based on their actual consumption. This measure seeks to prevent consumer exploitation and secure the economic interests of internet users in line with Article 46 of the Constitution of Kenya.
Key Amendments
The Bill introduces targeted amendments to the following parts of Cap 411A:
- Section 2: Amends the definition of "telecommunication operator" to explicitly include "an internet service provider."
- Section 27A: Inserts new subsections (3C) and (3D) to govern the implementation and reporting of metered billing systems.
- Fifth Schedule: Inserts a new paragraph (2A) to provide transitional terms for existing licenses.
New Obligations
Under the newly inserted Section 27A(3C), all internet service providers must deploy and run a metered billing system that performs the following functions:
- Assigns a unique, identifiable meter number to every customer.
- Monitors customer data usage.
- Converts usage statistics into clear, readable details.
- Generates invoices based strictly on actual consumption.
- Allows subscribers to easily verify their invoices.
Furthermore, Section 27A(3D) obligates ISPs to submit information on their billing systems, including all issued subscriber meter numbers, to the Communications Authority of Kenya at least once in every financial year.
Penalties
By classifying internet service providers under the broader category of telecommunication operators, ISPs become subject to the penalty provisions of Section 27A(4). Any operator who contravenes the provisions of this section commits an offence and is liable on conviction to a fine not exceeding KSh 5,000,000 (five million shillings).
Transitional Provisions
The Bill provides transition rules in the Fifth Schedule:
- All registrations and licenses held by internet service providers prior to the commencement of this Act will remain valid until their scheduled expiry dates.
- Any subsequent licensing and registration of internet service providers after the expiry of existing permits must be issued in accordance with the amended Act.
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