Proposed legislation sparking fierce debate over digital rights and freedom of expression
A controversial bill making its way through Kenya’s parliament is raising serious concerns among digital rights advocates and civil society organizations who warn it could fundamentally alter the country’s online landscape and silence government critics.
The Kenya Information and Communications (Amendment) Bill, 2025, sponsored by Aldai MP Maryanne Kitany, ostensibly aims to protect consumers through improved internet billing systems.
However, a closer examination reveals provisions that would require operators of .ke domains to obtain licenses from the Communications Authority of Kenya (CAK) – a move that specifically targets bloggers and online content creators.
Surveillance disguised as consumer protection
While MP Kitany frames the legislation as consumer protection, requiring Internet Service Providers to implement “quality metered billing systems,” critics argue the bill’s true purpose extends far beyond billing transparency.
The proposed law would mandate ISPs to assign each user a unique, trackable meter number linked to their internet activity and submit detailed usage data to CAK annually.
“This is invasive and extensive data collection and surveillance of citizens,” warns Victor Ndede, Technology and Human Rights Manager at Amnesty International.
“When you have a unique and identifiable meter number for each individual, you create a trail for this person. If this was just about billing, the other details on their usage are not necessary.”
The bill’s vague language around “customer usage” monitoring has raised red flags among experts who note that ISPs would be required to convert user data into “readable details” without clear parameters on what constitutes necessary billing information versus intrusive surveillance.
Targeting digital dissent
Perhaps most concerning for press freedom advocates is the bill’s domain registration requirements.
Under the proposed legislation, anyone operating a .ke domain would need to obtain an annual license from CAK, effectively giving the government regulatory control over Kenya’s digital publishers and bloggers.
This provision appears designed to address what government officials have characterized as the “irresponsible use” of social media and online platforms.
National Intelligence Service Director General Noordin Haji recently highlighted social media “misuse” as a security threat, while Interior Cabinet Secretary Kipchumba Murkomen has warned of legal consequences for those engaging in “cybercrime and online harassment.”
Constitutional concerns
Legal experts argue the bill violates multiple constitutional provisions, including Article 31’s guarantee of privacy rights and Article 33’s protection of freedom of expression.
The proposed Advanced Electronic Signature requirement could effectively mandate that internet users link their national ID cards to their online activity, eliminating digital anonymity.
“The moment you assign someone with a unique identifier number, anonymity goes out of the window,” Ndede explains.
“Pseudonymous online engagement will be very difficult, which is crucial to the work of journalists, whistleblowers, and human rights defenders.”
Demas Kiprono from the International Commission of Jurists describes the unique meter number as essentially opening a “file” on every citizen that could be accessed by the state on demand.
“The government can use that information to clamp down on dissenters,” he warns.
The legislation comes at a particularly sensitive time, following the Gen-Z protests that saw widespread use of social media to organize demonstrations and document alleged government abuses.
Human rights defender Kamau Ngugi of the Defenders Coalition explicitly links the bill to concerns about “surveillance and abductions as was seen during the Gen-Z protests.”
The timing is also significant given recent government statements calling for stricter internet regulation.
Interior PS Raymond Omollo has announced plans for a centralized hub to monitor cyber threats and “fraudulent activities,” while COTU Secretary General Francis Atwoli has publicly called for government intervention in social media regulation.
International implications
If enacted, the legislation would potentially put Kenya in violation of international human rights agreements to which it is a signatory.
It would also contradict Kenya’s stated digital transformation agenda by eroding trust in digital systems and potentially discouraging internet use among citizens concerned about government monitoring.
The bill represents a concerning trend toward digital authoritarianism in a country that has prided itself on being a regional leader in technology innovation and digital inclusion.
Kenya’s vibrant blogger community and independent online media have played crucial roles in holding government accountable and providing alternative perspectives to traditional media.
As the bill makes its way through parliament, civil society organizations are mobilizing opposition and calling for its rejection.
They argue that existing laws already provide adequate frameworks for addressing legitimate concerns about cybercrime and online harassment without the need for such sweeping surveillance powers.
The debate over this legislation will likely serve as a defining moment for Kenya’s digital future – determining whether the country continues on a path toward digital openness and innovation, or takes a more restrictive approach that prioritizes government control over citizen privacy and freedom of expression.
For Kenya’s bloggers and digital content creators, the stakes couldn’t be higher.
The bill’s passage would not only require them to register with government authorities but would subject their online activities to unprecedented levels of state monitoring and potential interference.
The question now is whether Kenya’s parliament will heed the warnings of digital rights experts and civil society, or whether it will prioritize the government’s desire for greater control over the country’s digital spaces.
