Pressure mounts on Aldai MP to withdraw new ICT Bill

Aldai MP Maryanne Kitany is under pressure to withdraw the proposed Kenya Information and Communication (Amendment) Bill, 2025, as critics warn its unclear wording could threaten basic rights.

Critics are urging the MP to rework the bill before it proceeds further in the legislative process, arguing that in its current form, the proposed amendments are too ambiguous and open the door to overreach by state authorities under the guise of protecting consumers.

Critics, including digital rights activists, warn that passing the bill without clearer wording could lead to harmful laws, even if the original goal was good.

“The danger is that once the bill reaches Parliament, it’s out of her control. We don't know even how far much worse it can actually get, because the idea has already been planted that this bill could actually lead to mass surveillance,” said Victor Ndede, Tech and Human Rights Manager at Amnesty International Kenya.

Speaking in a media interview, Ndede said as is, the bill by MP Kitany is “fatally flawed and unconstitutional”.

“If the object is consumer protection, get it withdrawn, rewrite it in a consumer protection-focused way, and have it come back to the floor of the House,” Ndede posed.

In her justification, Keitany indicates that the bill seeks Internet Service Providers(ISPs) and develop and deploy quality metered billing system capable of monitoring customer usage, convert data into readable details and creating invoices based on users’ consumption.

At the heart of the backlash is the fear that the bill could legalise state surveillance by requiring internet service providers to monitor and convert customer usage data into a “readable format” to be submitted to the Communications Authority at least once every year.

MP Kitany, who spoke during the TV interview, insisted that the bill is solely meant to ensure Kenyans get value for their money when purchasing data services.

Kitany told off critics stating that they are “reading too much out of nothing and suspicious of the government”.

“What it only does is to ensure that the money you use; you get value for it. That’s all,” she stated. If a student is spending Sh1,500 a month on data, and they could have achieved the same with Sh500, then that’s a consumer protection issue.”

Kitany likened the bill’s intent to how electricity consumption is measured and billed—claiming it merely seeks transparency in how ISPs charge users for internet access.

However, Ndede stated that the bill proposes to limit freedom of expression and the right to privacy.

“The MP may have that understanding that it's for consumer protection. But the reading of many people, and myself included, is that this is a Trojan horse that could open up a whole world of surveillance. Because whatever data that you propose to be monitored, or the data usage is not defined,” Ndede argued.

“It is not clear what sort of customer usage is being monitored. The bill says you convert that customer usage to readable details without clarity on what exact customer usage is being monitored and what will be then shared with the communications authority,” Ndede posed.

Ndede states that the bill does not provide a clear definition of what "customer usage" means, opening the window for the government to collect browser histories, social media interactions, search queries, geolocation data, app usage related to individual users and more.

“If at all this was about billing, whatever (data) they're proposing to collect, is way beyond billing. It is in no way related to billing. These meter numbers being assigned to each individual is a clear case of surveillance,” he stated.

The MP also stated that the bill passed scrutiny from the Auditor General and Kenya Law Reform Commission.

Kitany acknowledged the widespread concerns but emphasized that the bill is still at the early stages and would undergo public participation through the ICT Parliamentary Committee.

“Once it's committed to the ICT Committee, Kenyans will have the chance to give their views. If the wording of what I have put here could be wrong, then the public still has an opportunity, and the opportunity is now. And that is the reason for publication,” Kitany stated.

Among the clauses that have ignited debate include the requirement for ISPs to create metered internet billing system, whereby each user would be assigned a trackable Unique Meter Number linked to their internet usage.

If passed into law, ISPs will also be mandated to monitor customer usage, convert that data into "readable details", and submit it to the Communications Authority of Kenya (CAK) at least once in every financial year.