CA Proposes Stronger Consumer Protection Measures in Internet Metered Billing Framework

The Communications Authority of Kenya (CA) has proposed enhanced regulatory measures to promote transparency, affordability and consumer protection in internet billing, cautioning against making consumption-based (metered) billing mandatory across the sector.

The Authority presented its position before the National Assembly Departmental Committee on Communication, Information and Innovation, chaired by Hon. John Kiarie, during consideration of the Kenya Information and Communications (Amendment) Bill, 2025.

Led by Director General David Mugonyi, the Authority supported the Bill's objective of protecting consumers against inaccurate billing and opaque charges, noting that access to clear and verifiable billing information is a fundamental consumer right under Article 46 of the Constitution.

However, CA observed that mandatory consumption-based billing could have unintended consequences for internet affordability, digital inclusion and consumer choice, particularly among low-income households, students, small businesses and communities in underserved areas. Unlike fixed data packages, usage-based billing could expose consumers to unexpected costs arising from background applications, software updates, streaming and cloud services.

The Authority therefore proposed that the objectives of the Bill be achieved through strengthened regulations and licensing conditions rather than additional statutory provisions in the Kenya Information and Communications Act. It noted that most Internet Service Providers (ISPs) already have systems capable of monitoring customer usage and generating consumption-based invoices.

Among the key proposals is requiring ISPs to provide mandatory usage alerts at 50, 80 and 100 per cent of consumption thresholds, alongside free real-time usage dashboards, monthly expenditure caps and consumer-selected spending limits. These measures would enable subscribers to monitor their consumption, manage expenditure and avoid unexpected charges.

CA further proposed independent certification and periodic audits of metering systems to guarantee billing accuracy, supported by clear disclosure of metering methodologies and all factors influencing data consumption.

Other recommendations include plain-language, itemised bills; historical usage reports; cost calculators and consumption forecasting tools; transparent pricing and contractual terms; and standardised procedures for resolving billing disputes. The Authority also proposed suspending disputed charges pending investigation and providing independent verification where metering accuracy is contested.

To safeguard affordability and inclusion, CA recommended that ISPs maintain affordable broadband packages for low-income households and students, while considering appropriate exemptions or zero-rating arrangements for designated public-interest services.

The proposals will be incorporated into the ongoing review of the Kenya Information and Communications (Consumer Protection) Regulations, 2026, and strengthened licensing and quality-of-service requirements.

The Authority emphasised that effective internet consumer protection should go beyond how data is billed to ensure accurate charging, service quality, affordability, accountability and informed consumer choice.