Controversial legislation would require internet providers to track and report all user activity to government authorities
A new bill making its way through Parliament could give the Kenyan government unprecedented access to citizens’ internet browsing history, sparking concerns about digital privacy and surveillance overreach.
The Kenya Information and Communications (Amendment) Bill 2025, introduced by Aldai MP Marianne Jebet Kitany, would require all Internet Service Providers to assign unique tracking numbers to customers and submit detailed annual reports of their online activities to the Communications Authority of Kenya.
Government Database of Internet Activity
Under the proposed legislation, ISPs would be mandated to monitor and record which websites their customers visit, creating what critics describe as a comprehensive government database of Kenyans’ digital lives.
The bill specifically requires service providers to “monitor customer usage” and “convert customer usage into readable details.”
The tracking system would assign each internet user a unique identification number, similar to a utility meter, allowing authorities to link browsing history directly to individual citizens.
This data would then be compiled annually and handed over to government regulators.
“This creates an unprecedented level of digital surveillance,” said a digital rights advocate who requested anonymity.
“The government would essentially have a record of every website visited by every Kenyan with internet access.”
Expert Warns of Hidden Surveillance Architecture
Dr. Sarah Mwangi, a cybersecurity expert and digital rights researcher at the University of Nairobi, warns that the bill’s true implications extend far beyond simple internet billing, as the government claims.
“The requirement for unique meter numbers for every internet user isn’t about billing—it’s about creating a tracking infrastructure,” Dr. Mwangi explained.
“When you combine individual identification with the mandate to ‘convert internet usage into readable details,’ you’re looking at comprehensive digital surveillance.”
She raises critical concerns about the bill’s scope: “What does ‘readable details’ actually mean? Does this include which websites you visit, your private messages, your voice calls? The language is deliberately vague, which is deeply troubling from a privacy perspective.”
Dr. Mwangi particularly warns about the potential for future abuse: “Once you build this kind of digital tracking architecture, it becomes very easy to expand it. We could be looking at the foundation for a social credit system where citizens are scored and potentially punished based on their online behavior.”
Threat to Journalism and Civil Society
The cybersecurity expert highlights specific risks for vulnerable groups: “Journalists, activists, and whistleblowers rely on digital anonymity to operate safely. This bill could effectively end anonymous online participation in Kenya, creating a chilling effect on free speech and investigative reporting.”
She points to concerning questions about data sharing: “The bill doesn’t clearly specify whether this internet usage data will be shared with national security agencies. If it is, we’re talking about mass surveillance of the entire population, not targeted security measures.”
Social Media Identity Verification Required
The bill also targets social media platforms, requiring companies like Facebook, WhatsApp, and Instagram to verify users’ ages through national identification documents.
While presented as a child protection measure, critics argue this would eliminate anonymous online participation and make it easier for authorities to identify social media users.
Major international platforms would need to implement new verification systems specifically for Kenyan users, raising questions about compliance and enforcement across global technology companies.
Constitutional Concerns Raised
Legal experts are questioning whether the proposed surveillance measures violate constitutional protections for privacy and freedom of expression.
Kenya’s 2010 Constitution guarantees citizens’ right to privacy, including freedom from unreasonable searches of their property and possessions.
“There are serious constitutional issues with requiring blanket surveillance of all internet users,” explained a constitutional lawyer familiar with the bill.
“Such broad monitoring powers would typically require judicial oversight and specific justification.”
The legislation comes amid growing concerns about digital freedom in Kenya. Freedom House’s 2024 report documented increasing online censorship, including 64 content removal requests submitted to Google by Kenyan authorities in 2023.
Control Over Digital Infrastructure
Dr. Mwangi raises additional concerns about infrastructure control: “A key question is who will control this metering infrastructure—the government or private telecoms? If it’s state-controlled, the government essentially controls what citizens can see, say, and stream online.”
She warns about the lack of safeguards against political targeting: “What protections exist against profiling, targeting, or discrimination? What happens when political opponents can be tracked and potentially harassed based on their internet behavior? These are fundamental questions the bill doesn’t address.”
Technical and Economic Implications
Internet service providers would face significant new compliance costs under the proposed system. Companies would need to invest in tracking infrastructure, data storage systems, and reporting mechanisms to meet the government’s requirements.
These costs could potentially be passed on to consumers through higher internet prices, potentially limiting digital access for lower-income Kenyans.
Technology experts also question the technical feasibility of comprehensive internet monitoring, particularly with the increasing use of encrypted connections and virtual private networks that can mask user activity.
If passed, Kenya’s legislation could influence similar efforts across East Africa, where governments are grappling with balancing security concerns against digital rights.
The bill represents one of the region’s most comprehensive attempts at internet surveillance legislation.
Other countries have implemented various forms of online monitoring, but few have required such extensive tracking of individual browsing habits by private internet companies.
The bill will undergo committee review and public participation processes before potential passage. Digital rights organizations are preparing submissions opposing the surveillance provisions, while government supporters argue the measures are necessary for national security and child protection.
Citizens concerned about the legislation can participate in public hearings and submit comments through official parliamentary channels during the review process.
The outcome will significantly impact how Kenyans access and use the internet, potentially affecting everything from e-commerce to social media participation and online journalism in the country.
Dr. Mwangi concludes: “Citizens need to pay close attention to this bill. It may be presented as simple internet metering, but the surveillance architecture it creates could fundamentally change the relationship between Kenyans and their government in the digital space.”
