Kenyan lawmakers are considering a proposed law that seeks to change how internet service providers (ISPs) charge customers for broadband use.

If passed, the Kenya Information and Communications (Amendment) Bill, 2025 will require telcos and ISPs to assign subscribers ‘internet meter’ numbers, record their usage, generate invoices based on consumption and submit the data to the State.

It has, however, sparked concerns over higher browsing charges, costly network upgrades and privacy of Kenyans’ internet usage data.

What is the proposed ‘internet meter number’ system?

The Bill proposes that ISPs assign each customer a unique ‘internet meter’ number, similar to the way electricity and water utilities identify clients and record their consumption.

Firms such as Safaricom, Zuku, Poa Internet and JTL would be required to keep records of customers’ internet usage, generate invoices based on consumption and submit subscriber-level usage data to the Communications Authority of Kenya (CA).

How would this change how Kenyans currently pay for fixed internet?

Customers currently pay a fixed monthly fee based on their chosen maximum download and upload speed.

For example, a customer may pay for a 20 Megabits-per-second (Mbps) package and use as much data as required during the billing period without being charged separately for every gigabyte consumed.

Safaricom’s monthly packages begin at Sh3,000 for 15Mbps speeds, while Zuku charges Sh3,000 for a 40Mbps package. Poa Internet offers 20Mbps for Sh1,500, while Liquid offers 20Mbps for Sh2,800.

Internet providers warn that shifting to metering could change this model towards volume-based billing, where customers are charged according to the level of data they consume during a certain period.

Read: Firms warn of costly internet, surveillance in proposed law

This is similar to mobile data bundles, where customers purchase a specified amount of data, such as 100 Gigabytes. It may force Kenyans to pay for extra data before the end of the billing cycle, or otherwise face reduced speeds, technically referred to as throttling.

This would make fixed internet less predictable for households, academic institutions and heavy users.

Why does the Bill seek to introduce internet metering?

The Bill, sponsored by Aldai MP Marianne Kitany, seeks to introduce transparency in the pricing of internet services and help mitigate consumer exploitation.

By requiring ISPs to record and account for customers’ internet consumption, the lawmaker argues that it would provide a clearer system where billing is linked to actual usage.

Why are ISPs opposing the proposal?

Internet firms argue the proposed system would be costly to implement and could ultimately increase the price of internet services in the country.

They say they would need to invest in specialised network management technology, including Deep Packet Inspection (DPI) infrastructure and complex billing mediation systems to measure and record internet traffic.

The companies say they would need to invest millions of shillings in technology to meter every megabyte customers consume, and these costs would ultimately be passed on to consumers.

A shift from speed-based to volume-based billing would also raise customers costs due to the additional charges customers would need to pay after consuming their allocated data.

Would the government or an ISP be able to see what websites, apps or online services a customer is using?

This would depend on how the metering and network inspection system is implemented. The proposed collection of detailed internet usage data raises concerns about the potential for real-time monitoring and surveillance.

DPI technology inspects data being transmitted across a network. It can be used for advanced cybersecurity defence, alerting, interception, eavesdropping and large-scale internet censorship.

ISPs use this tech to recognise traffic from specific apps such as YouTube or X, for instance, to offer data-free browsing or specialised bundles for these platforms. They also use it to block access to specific websites.

Rights groups also warn that linking customers to traceable meter numbers and detailed records of their internet activity could make it possible to monitor online behaviour.

What are the privacy and data security concerns around the system?

Some experts argue that centralising granular, subscriber-level internet history and traffic-volume data conflicts with the principle of data minimisation, which requires organisations to collect, use and retain only the personal data necessary for a clearly defined purpose.

Creating a central repository containing detailed and personally identifiable internet usage records could also make the information a high-value target for cyberattacks.

Breaches could expose large amounts of information about individuals’ online activities, and could be vulnerable to unauthorised access, leaks or commercial exploitation.

How do other countries bill fixed broadband users?

There is limited evidence of any other country using a utility-style ‘internet meter number’ system for ISP billing in exactly the form proposed in Kenya.

In North American markets such as the United States and Canada, some providers use data caps or pay-as-you-go models, where customers have a set monthly data allowance. Those who exceed the limit face additional charges per gigabyte or have their speeds throttled for the remainder of the month.

Countries such as Singapore, South Korea, France and Japan have advanced fibre markets where consumers get broadband services for a flat monthly price without being charged separately for every unit of data consumed.

→ dmusau@ke.nationmedia.com

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