Kenya's New Communication Bill is a Trojan Horse for Mass Surveillance

Aldai MP Marianne Kitany (from left) Dagoreti South MP John Kiarie aka KJ and Naivasha MP Jane Kihara during the 20th Anniversary of NG-CDF Celebrations at Sfari Park Hotel,Nairobi . May 3rd,2024. [Elvis Ogina,Standard] A dangerous Bill is quietly making its way through the National Assembly, threatening to upend digital privacy and freedom of expression in Kenya. Disguised as a move toward billing transparency, the Kenya Information and Communications (Amendment) Bill, 2025, sponsored by Aldai MP Marianne Kitany, proposes sweeping reforms that could hand the government real-time access to our online lives. At the heart of the Bill is a proposal to introduce a metered billing system for internet users. Each subscriber would be assigned a unique, trackable meter number, capable of monitoring real-time usage and converting it into detailed, itemised logs. Internet service providers (ISPs) would then be required to generate invoices based on this data and submit annual reports to the Communications Authority of Kenya, including every customer's meter number and usage history. This isn't about fair billing. It's about building a surveillance infrastructure that allows the State to map, monitor, and potentially control how, when, and why Kenyans access the internet. The bill's stated goal is to protect consumers from exploitation, invoking Article 46 of the Constitution, which guarantees consumer rights. But in reality, it risks doing far more harm than good. It grants the government a surveillance tool with the capacity to track citizens' digital footprints without offering any meaningful safeguards or accountability mechanisms. Worryingly, the Bill does not clarify how this sensitive data will be stored, protected, or accessed leaving the door wide open to abuse. Given Kenya's track record of weaponising surveillance tools, whether during the 2017 election internet blackouts or the 2024 Gen-Z-led protests, these powers cannot be handed over lightly. History tells us what happens when the state is allowed to peer into private spaces unchecked. In the recent past, ISPs have already come under fire for allegedly collaborating with security agencies during enforced disappearances of government critics. In fact, ICJ Kenya, the Law Society of Kenya, Katiba Institute, and the Kenya Union of Journalists among others, have jointly filed a landmark public interest petition challenging unlawful internet disruptions naming telecommunications firms as respondents. Under this Bill, every keystroke and click could become a data point in a government file. The chilling effect will be immediate. Journalists may second-guess their investigations. Whistleblowers may go silent. Political dissenters may retreat into the shadows. In short, a surveilled society is not a free one. Though the Bill's memorandum insists it does not infringe on constitutional rights, similar assurances have accompanied other laws like the Computer Misuse and Cybercrimes Act which have been used to criminalise criticism and stifle free speech under the pretense of regulation. If Parliament passes this Bill without rigorous oversight and strong safeguards, Kenya risks joining the ranks of states like China and Uganda where internet surveillance is normalised and digital dissent is punished. Let's be clear, transparency in billing is important. But not at the cost of turning the internet into a tool of repression. Once surveillance architecture is in place, it rarely gets dismantled. Instead, it expands. Kenyans must resist the normalisation of mass surveillance disguised as reform. Parliament should reject this Bill or radically amend it to ensure it serves the public interest, not state control. Mr Wachu is a communications officer at the International Commission of Jurists - Kenyan Section - Kenya

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