Kenyan MPs recently placed the Communications Authority of Kenya (CA) under scrutiny, voicing frustrations over the frequent expiry of data bundles and limited consumer protections. They argued that subscribers who purchase data bundles should not lose their unused data within short timeframes, a practice many MPs called exploitative and in need of reform. Members of the Communication, Information and Innovation Committee, led by Dagoretti South MP John Kiarie, highlighted the urgent need for CA to improve accountability, ensure transparency from Internet Service Providers (ISPs), and enhance consumer rights protections in the telecommunications sector.
The committee pointed to a lack of compensation mechanisms for unused data, expressing that current data policies unfairly penalize consumers by restricting their data usage to short durations. Kisii County Woman Representative Dorice Donya criticized the concept of data expiration, asking why data bundles should expire before users have a chance to fully utilize them. “Why do we pay for bundles that expire before we use them?” she posed. Her remarks reflected concerns shared by millions of Kenyan consumers, many of whom find themselves paying for data they cannot use within the limited validity periods.
Donya further argued that data bundles should work similarly to other utilities, where consumers are only billed based on actual usage. The current expiration structure, she suggested, disproportionately benefits ISPs, leaving consumers financially disadvantaged. Echoing her sentiment, Tetu MP Geoffrey Wandeto described short-term data packages as “a fraud,” adding that the rapid expiry terms make it impossible for most users to utilize the full bundle value within the allocated time. “How can someone realistically consume 20GB of data within an hour?” Wandeto asked, pointing out the impracticality of such policies and calling them exploitative.
The call for reforms was backed by Committee Chair John Kiarie, who emphasized the need for robust consumer protection frameworks in Kenya’s telecommunication sector. Kiarie pointed out that in several countries, data bundles come with no-expiry policies, providing consumers with more flexibility to use the data they purchase. “If other jurisdictions are moving towards no-expiry policies, there’s no reason we can’t do the same here,” he stated. Kiarie also challenged ISPs to adopt practices similar to those in the radio broadcasting industry, where stations publicly address quality issues on air. He suggested that ISPs should be more transparent by informing consumers of planned downtimes, quality issues, and compensation policies where applicable.
Responding to the committee’s concerns, CA Director-General David Mugonyi acknowledged the gaps within the current regulatory framework, especially around consumer compensation for service disruptions and unused data. Mugonyi explained that while the CA has imposed penalties on ISPs in the past for violating service standards, the Kenya Information and Communications Act (KICA) of 1998 lacks specific provisions for mandatory consumer compensation during service disruptions. He agreed that the existing legislative framework is outdated, limiting CA’s authority to demand that ISPs make consumers whole when services fall short.
In a bid to improve consumer protection and transparency, Mugonyi outlined some of CA’s ongoing efforts. One key initiative is the “Chukua Hatua” campaign, which aims to educate consumers on their rights and on how to lodge complaints effectively. Through this campaign, the CA hopes to empower consumers to hold ISPs accountable and to foster more informed usage of telecommunication services.
Mugonyi assured MPs that CA is working on strengthening its oversight mechanisms by expanding monitoring systems across more than 500 licensed ISPs in Kenya. This enhancement is part of CA’s plan to enforce higher standards of accountability and improve the overall quality of internet services. However, Mugonyi was quick to emphasize that CA’s progress is limited without updates to KICA, urging legislators to consider revisiting the law to incorporate modern consumer protection provisions.
The concerns raised by MPs come at a time when Kenyans are increasingly relying on internet connectivity for education, work, and access to essential services. With data bundles forming a critical part of the nation’s connectivity, MPs argued that consumers deserve protections that reflect the importance of this utility. In response, CA’s commitment to expanding consumer education, improving ISP accountability, and enhancing monitoring systems is a positive step, but MPs maintain that legislative reforms are essential for lasting improvements.
The recent exchange between MPs and CA officials highlights an ongoing debate over the fairness of data policies in Kenya’s telecommunications sector. Many consumers hope that these discussions will lead to substantial policy changes, aligning Kenya with other jurisdictions that have implemented no-expiry policies. As the need for reliable internet grows, the push for greater consumer protections and regulatory reform appears poised to gain traction.
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