In March 2025, Kenya’s National Assembly introduced the Kenya ICT Amendment Bill, 2025, a controversial legislative proposal that could transform how Kenyans interact with the internet and digital services. While the government presents the Bill as a step toward safeguarding consumers and improving transparency, digital rights activists argue it opens the door to state surveillance and potential abuse.
This article examines the key provisions of the Bill, its intended purpose, the criticisms it has received, and its potential implications for internet users in Kenya.
Kenya ICT Amendment Bill 2025 Gives the State the Right to Snoop and Hack the Accounts of Internet Users
Key Features of the Kenya ICT Amendment Bill, 2025
1. Mandatory Metered Internet Billing
This Kenya ICT Bill proposes a metered billing system for internet usage, where:
- Every subscriber is assigned a unique Internet meter number.
- Usage is tracked in real time.
- ISPs must generate usage-based invoices.
- Annual reporting of the billing system to the Communications Authority of Kenya (CA) becomes mandatory.
Criticism: Many see this as a way to increase internet costs for consumers and potentially restrict access for low-income users. The lack of transparency in data usage metrics could also raise disputes.
2. SIM Card Registration & Privacy Controls
Under the new amendments:
- Telcos must gather full subscriber data: name, national ID, DOB, address, and gender.
- This data must be securely stored and disclosed only with the user’s consent—except in cases involving national interest, legal proceedings, or criminal investigations.
Penalty: Breach of this rule attracts a fine of up to KES 5 million.
Concerns: The exemptions for national interest and criminal investigations raise red flags. This Kenya ICT Bill lacks clear checks to prevent unauthorized access to private data by state agents.
3. State Surveillance Powers
One of the most controversial provisions is the broad authority given to the State to access digital platforms:
- Authorities may be permitted to “monitor, intercept or access” user accounts and platforms.
- While framed as necessary for law enforcement, there is no clear judicial oversight mentioned in the Bill.
Analysts argue this could legalize state-sponsored hacking or surveillance without a court warrant, infringing on digital rights and freedoms.
4. Re-licensing of Media & Broadcast Entities
Media houses and broadcasters with existing permits will be required to:
- Re-register their operations under the new framework within 12 months of enactment.
- Comply with updated broadcasting guidelines issued by the CA.
Supporters believe this will help weed out rogue broadcasters. Critics, however, see it as a potential crackdown on dissenting voices.
5. Age Verification for Social Media Use
Content providers and social platforms will be required to:
- Implement strict age verification mechanisms.
- Only allow access after users present a valid Kenyan ID to prove they’re 18+.
Implication: While intended to protect minors, this could lead to mass collection of identity data by foreign tech platforms or third-party verifiers.
Public Response & Concerns
Kenya’s tech ecosystem, civil society organizations, and privacy advocates have been vocal:
- KICTANet has expressed fears that parts of the Bill replicate existing provisions in other laws, leading to legal redundancy.
- ISPs warn that implementing metered billing will be expensive, intrusive, and regressive.
- Digital rights groups call for the removal or amendment of vague terms like “national interest” to prevent potential misuse by state agencies.
Legislative Process: What’s Next?
- The Bill passed its First Reading in March 2025 and is currently under review by the Departmental Committee on Justice and Legal Affairs.
- Stakeholders and the public have been invited to submit their views.
You can access the full Bill from Parliament’s website: Read Full PDF
Final Thoughts
This Kenya ICT Amendment Bill, 2025, walks a tightrope between regulating digital services and empowering surveillance mechanisms. While consumer protection and national security are valid concerns, the Bill lacks sufficient oversight mechanisms to prevent abuse of power.
As the debate continues, it is vital that all Kenyans—especially digital natives, entrepreneurs, and rights advocates—remain vigilant and push for a version of the law that upholds both digital safety and freedom.
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