JAMILA'S MEMO: A legally messy attempt to protect consumers

A bill that is supposedly here to save consumers from the evil clutches of Internet Service Providers (ISPs) overcharging them for unused data bundles has caused jitters.

The Kenya Information and Communication Amendment Bill 2025, sponsored by Aldai MP Marianne Kitany, wants to ensure we only pay for what we use.

This sounds so noble, right? Almost like a superhero swooping in to stop ISPs from making us pay for data we didn’t even consume. But hold your applause, folks, while this might sound like a fairytale, a little digging reveals that the bill is more of a solution looking for a problem.

The question is, is this really the pressing issue facing the average Kenyan? Is the government going to regulate how much data we can consume on our phones? Will they start tracking our consumption habits and tell us what’s “reasonable”? Doesn’t it seem like the government is fixing problems that don’t exist—or at least not in the way they think?

The MP argues that data bundles should be treated like any other product, where the leftovers get carried over. A perfectly sound idea if, of course, ISPs weren’t already managing their data bundles and expiry dates. Is there really a need to complicate things further with unnecessary regulations?

But wait, it gets juicier. IT experts have raised alarm bells about the vagueness of the bill, particularly its privacy implications. Just like that, we’re hit with the most critical aspect of all: privacy. While the bill proposes to protect consumers, it doesn’t address how much of our private data will be made available to regulators, third parties, or the government.

Let’s not forget Kenyans’ reaction. The public doesn’t seem too bothered about whether their unused data rolls over or not, as they have more pressing concerns. In a country where Kenyans are struggling to make ends meet, the political class seems to be tackling problems that don’t exist while ignoring real crises. What’s next? A bill to monitor how much “air” we consume? After all, the government is concerned with our consumption habits.

The irony is that while the government is busy crafting a data-related bill, it hasn’t exactly delivered on its previous promises—like providing free Wi-Fi. Maybe the biggest priority right now should be ensuring that people actually have access to basic services instead of policing our data bundles. The bill might have started with noble intentions, but its execution feels more like bureaucratic overreach wrapped in a vague, privacy-invading package.

Maybe—just maybe—the government should focus on real problems, like delivering on its promises and leaving people’s data usage alone. A little less regulation, and a lot more common sense, please.