The Ministry of Information, Communications and the Digital Economy has sparked quiet concern and fear with a new law that could be used to tighten control over online expression and stifle dissent.
The notice on August 26 announced that the ICT Cabinet Secretary, William Kabogo, has prepared Regulatory Impact Statements for two key pieces of legislation.
The legislation, known as the Kenya Information and Communications (Radio Communications and Frequency Spectrum) Regulations, 2025, and the Kenya Information and Communications (Broadcasting) Regulations, 2025, are poised to introduce sweeping changes to the country's information and communication technology sector.
The move is part of the government's agenda to modernise and regulate the information and communication industry.
New Billing Model
The proposed regulations could have significant effects on Kenyans, including one of the most talked-about changes, the potential for a new billing model.
The regulations could lead to a metered billing system for internet users, where customers are charged based on their data consumption, similar to how utilities like water and electricity are billed.
The regulations would redefine a telecommunication operator to include Internet Service Providers (ISPs), bringing them under the direct regulatory oversight of the Communications Authority of Kenya (CA).
The regulations also introduce new requirements for personal identification.
This includes proposals for mandatory ID verification for social media access and the assignment of a unique internet meter number to each user, with data from this system being submitted to the CA.
Aligning Communications Infrastructure
The government's action is rooted in the Statutory Instruments Act, with the notice specifying that the regulations have been made pursuant to section 8 of the act.
According to the Ministry, the core objective of the radio communications regulations is to provide for the efficient and orderly use of radio spectrum, which is a limited natural resource.
The regulations are designed to promote and support the orderly development and efficient operation of radio communication systems and services to meet the country's socioeconomic, security and cultural needs.
It is a broad statement that encapsulates the government's intent to align communications infrastructure with national development goals.
The rules are also intended to promote the efficient use of frequency spectrum resources and ensure the equitable and fair allocation and assignment of spectrum, with this suggesting a desire to balance the needs of various players in the market.
The notice also mentions a proposed framework for the Universal Service Fund, a framework aimed at ensuring that a wide range of information and communication services are accessible to all citizens, particularly those in underserved or unserved areas.
