Telkom opposes proposed internet metering rules

Telkom Kenya has urged Parliament to reconsider proposed internet metering regulations, warning that the planned changes could increase operational costs for service providers, threaten subscriber privacy and undermine investment in the country's rapidly growing broadband sector.

The company's Chief Executive Officer, Mugo Kibati, told the National Assembly Committee on Communication, Information and Innovation on Tuesday that although Telkom supports greater transparency in internet billing, imposing a uniform metering framework on all internet service providers could create unintended consequences for the industry.

Appearing before the committee chaired by Dagoretti South MP John Kiarie, Kibati challenged Clause 3 of the Kenya Information and Communications (Amendment) Bill, arguing that consumer protection should focus on billing transparency, accuracy and accountability rather than prescribing a single billing model.

"Telkom wants the very same things that the sponsor is looking for: fundamentally, Kenyans should be able to see, check and challenge what they are charged. We believe a clear transparency standard achieves that more reliably than a single metering model," he said.

Kibati explained that mobile internet subscriptions account for approximately 96 per cent of Kenya's data subscriptions and are already billed according to usage, meaning the proposed changes would primarily affect fixed broadband, which represents the remaining four per cent.

He noted that fixed broadband was recording annual growth of more than 30 per cent under existing pricing arrangements, arguing that there was insufficient evidence of consumer harm to warrant additional regulatory requirements.

"Sometimes you can go overboard in trying to protect consumers that you actually kill a nascent, growing sector," he cautioned.

Beyond compliance costs, Telkom raised concerns about the potential implications of the proposed framework on data protection. Kibati warned that requirements for persistent subscriber identifiers and annual reporting to the regulator could expose sensitive personal information if adequate safeguards were not established.

The company urged lawmakers to align any new requirements with the Data Protection Act and adopt a framework requiring providers to disclose their billing models, charges and fair usage policies before customers subscribe.

It also proposed free access to data consumption information, itemised bills upon request, effective dispute-resolution mechanisms and independent audits where billing accuracy is questioned. Telkom further recommended that operators submit aggregated subscriber information to regulators instead of individually identifiable customer records.

Kibati also called for express protection of unlimited and speed-based internet packages, an implementation period of at least 18 months and regulatory and data protection impact assessments before the Bill is presented to the House.

The committee's engagement also examined Kenya's proposed accession to the Budapest Convention on Cybercrime, which Telkom supported, citing the importance of international cooperation in tackling online fraud, ransomware and attacks on digital networks.

"The Convention gives Kenya a treaty route to get evidence from other countries quickly," Kibati said.

However, he urged Parliament to establish safeguards against excessive obligations on telecommunications operators, proposing that foreign requests for information be channelled through the Attorney-General and supported by properly authenticated Kenyan legal processes.

He cautioned against blanket data-retention requirements and additional interception capabilities beyond existing legal obligations, while calling for cost recovery and legal protection for operators complying with lawful requests in good faith.

Artificial Intelligence (AI) also featured prominently during the discussions, with Kibati warning that Kenya must urgently prepare for the opportunities and risks associated with the emerging technology.

"We are not prepared. And I say that not as an indictment on this institution. The world is not prepared. There is no country that can purport to be AI-ready," he said.

He called for stronger government-industry collaboration and responsible management of Kenyan data, describing data as an increasingly valuable commodity that requires deliberate protection.

Kibati revealed that Telkom's future strategy would place greater emphasis on infrastructure development, particularly data centres supporting AI technologies.

Committee chairman Kiarie welcomed the submissions, saying Parliament would be disadvantaged if it legislated on the telecommunications industry without consulting operators.

He also cautioned against blindly adopting regulatory approaches from Europe, America and Asia, arguing that Kenya should develop policies reflecting its national circumstances, culture and values.

Kiarie proposed involving Telkom in broader technology discussions ahead of the Internet Governance Forum scheduled to take place in Nairobi in December 2026.