The Ministry of Information, Communications and the Digital Economy has unveiled new regulations that could redefine how Kenyans access and use the internet. While the government argues that the changes are meant to modernize the ICT sector and ensure efficiency, the proposals have sparked fears of tightened state control, increased surveillance, and higher costs of connectivity.

The Proposed Regulations

On August 26, ICT Cabinet Secretary William Kabogo announced the preparation of Regulatory Impact Statements for two major pieces of legislation: the Kenya Information and Communications (Radio Communications and Frequency Spectrum) Regulations, 2025, and the Kenya Information and Communications (Broadcasting) Regulations, 2025. These measures are designed to update Kenya’s ICT framework in line with evolving technological and development needs.

A Shift to Metered Internet Billing

Among the most debated proposals is the introduction of a metered billing model for internet use. Unlike the flat-rate packages that many Kenyans currently rely on, the new model would charge users based on the amount of data consumed. 

Proponents argue this system mirrors utilities like water and electricity, ensuring fairness and efficiency. However, critics warn it could increase costs, especially for students, businesses, and individuals who depend heavily on affordable internet access.

Expanding Government Oversight

The regulations also broaden the definition of telecommunications operators to include Internet Service Providers (ISPs). This places them under the direct authority of the Communications Authority of Kenya (CA). 

Additionally, the proposals introduce mandatory identification requirements, including ID verification for social media access and the assignment of unique internet meter numbers to all users. These identifiers would be monitored and submitted to the CA, raising serious privacy and surveillance concerns.

Radio Spectrum and Development Goals

Beyond internet billing and identification, the regulations address the management of radio spectrum, a limited but vital national resource. According to the Ministry, the new rules will promote the efficient use of frequencies, support Kenya’s socioeconomic and cultural needs, and ensure fair allocation among industry players. 

This aligns communication systems with broader national development and security goals, ensuring that technology serves both economic growth and governance priorities.

The Universal Service Fund Framework

The government also proposes the establishment of a framework for the Universal Service Fund (USF). The fund is designed to guarantee that ICT services reach underserved and marginalized communities, thereby promoting inclusivity in the digital space. While the intention is to bridge the digital divide, questions remain about transparency, accountability, and whether the costs will be passed down to consumers.

Conclusion

Kenya’s proposed ICT regulations represent a transformative shift in digital governance. While framed as necessary for efficiency and national development, the measures—particularly the metered billing model and mandatory user identification—have raised widespread concern.

 As the government moves forward with implementation, the central question will be whether these regulations strike a balance between modernization and the protection of digital freedoms.