KEPSA Urges Parliament to Reject Internet Metering Bill, Warns of Higher Costs
The Kenya Private Sector Alliance (KEPSA) has urged Parliament to reject the proposed Kenya Information and Communications (Amendment) Bill, 2025, warning that its implementation could increase internet costs, undermine consumer privacy and threaten thousands of livelihoods in Kenya’s growing digital economy.
Appearing before the National Assembly Committee on Communication, Information and Innovation on Tuesday, KEPSA representatives Ben Roberts and Dr Fiona Asonga argued that the proposed legislation would introduce unnecessary controls into the internet market and undermine efforts to expand affordable digital connectivity.
The committee, chaired by Dagoretti South MP John Kiarie, was receiving submissions from the private sector on the Kenya Information and Communications (Amendment) Bill, 2025 (National Assembly Bill No. 9 of 2025), and the Budapest Convention on Cybercrime.
KEPSA opposed the proposed introduction of internet metering, describing the measure as unnecessary, potentially intrusive and economically damaging.
Roberts told the committee that the Communications Authority of Kenya (CA) already has sufficient legal powers under the Kenya Information and Communications Act to investigate consumer complaints, conduct studies and introduce regulations where necessary.
“The regulator already has the powers to study, investigate and implement regulations in consultation with operators. By putting this into statute, you are effectively overriding the regulator,” Roberts said.
He warned that mandatory internet metering could fundamentally change how broadband services are delivered and purchased in Kenya.
According to Roberts, internet services differ from conventional utilities such as electricity because providers offer packages tailored to consumers’ needs, usage patterns and financial capacity. Customers can currently choose between limited data bundles and unlimited packages, while businesses rely on flexible connectivity to support their operations.
He argued that centralised metering could limit these choices and discourage individuals and businesses from fully exploiting digital opportunities.
KEPSA Warns of Privacy Risks and Higher Internet Costs
KEPSA also raised concerns over the potential use of deep packet inspection technology, which can examine internet traffic to measure data usage. Roberts warned that the technology could create opportunities for surveillance and compromise users’ privacy.
He said internet service providers would need to invest in additional equipment, software and supporting infrastructure to monitor customers’ data consumption.
Smaller providers could face a heavier financial burden, while the cost of installing and maintaining the systems could eventually be passed on to consumers through higher internet charges.
The alliance warned that the proposed changes could also undermine digital inclusion, particularly among young people who depend on online platforms for employment and business opportunities.
Dr Asonga, speaking on behalf of the internet service provider industry, told MPs that connectivity had become much more than a basic utility for thousands of young Kenyans.
Freelance content creators, online tutors, e-commerce traders, virtual assistants and other digital entrepreneurs depend on the internet to run their businesses and earn a living.
“The internet is not just a utility. It is their workplace. It is their shopfront,” Asonga told the committee.
She warned that metered internet services could make connectivity prohibitively expensive for young entrepreneurs who regularly upload and download large volumes of data.
Such restrictions, she argued, could undermine self-employment opportunities at a time when formal employment remains limited and digital entrepreneurship is increasingly important in creating jobs.
“We need to protect their employment and not proceed with this Bill,” she said.
Asonga urged Parliament to prioritise affordable connectivity for underserved communities, including young people in remote areas such as Turkana, saying they should enjoy the same digital opportunities as those living in Nairobi.
She called for policies that support flexible broadband consumption rather than introduce centralised metering systems.
MPs Demand Cost-Benefit Analysis
During the deliberations, committee members questioned KEPSA about the projected financial implications of introducing internet metering.
Committee Vice Chairperson and Bomachoge Chache MP Alfah Miruka, alongside Mbooni MP Erastus Kivasu Nzioka, challenged the alliance to provide a detailed cost-benefit analysis showing how much internet service providers would spend on the hardware and software needed to implement the proposed system.
The legislators also asked whether KEPSA had examined regulations in other jurisdictions that have adopted similar approaches and whether it had proposed alternative regulatory measures should the amendment proceed.
In response, the industry representatives maintained that mandatory metering would require significant investment in monitoring equipment, software and supporting digital infrastructure.
KEPSA also questioned the legal implications of the proposed amendments, citing possible overlaps between government institutions, inadequate public participation, privacy concerns and potential violations of consumer rights under Article 46 of the Constitution.
The alliance maintained that Parliament should reject the Bill in its entirety, arguing that the proposed changes could destabilise the telecommunications market.
Beyond the internet metering proposals, the committee also received submissions on the Budapest Convention on Cybercrime, with KEPSA supporting international cooperation to address increasingly sophisticated digital threats.
Roberts said cross-border collaboration had become essential as cybercrime, misinformation and other online threats continued to evolve beyond national boundaries.
He cited the Budapest Convention and the African Union’s Malabo Convention on Cyber Security and Personal Data Protection as important frameworks for international cooperation in making the internet safer.
Roberts also emphasised the importance of Kenya participating in international discussions and helping shape emerging digital standards.
He linked the cybercrime debate to concerns about misinformation, particularly during elections, warning that malicious online activities could fuel divisions within society.
He urged Kenya to position itself strategically in global discussions on internet governance, cybersecurity and emerging technologies.
Asonga called for a review of existing national laws to ensure that Kenya’s cybersecurity framework is harmonised across the institutions responsible for security matters.
She specifically proposed reviewing the Computer Misuse and Cybercrimes Act to address gaps in investigative powers and align the country’s laws with emerging international standards.
She also urged MPs to prepare for the forthcoming United Nations Internet Governance Forum (IGF), which Kenya is expected to host in Nairobi in December.
According to Asonga, the event will give Kenya an opportunity to contribute to discussions on internet governance, particularly through the parliamentary track on artificial intelligence policy.
She called for a stronger African voice in shaping global artificial intelligence policies, arguing that technologies developed without sufficient consideration of African data, languages, cultures and priorities might fail to address the continent’s needs.
“There is a conversation around AI sovereignty that we need to have and drive for the African region. AI that doesn’t have African content is not going to work for us,” she said.
Asonga urged Parliament to take an active role in shaping policies that ensure emerging technologies serve local communities and reflect African priorities, rather than leaving countries on the continent dependent on standards developed elsewhere.
