Nairobi: Media houses operating with ‘questionable’ licenses could have a one-year grace period to remain on-air if a new bill sponsored by Aldai Member of Parliament Marianne Kitany becomes law. The Kenya Information and Communication (Amendment) Bill 2025 proposes that the Commission Authority (CA) allows such houses to continue their operations for a period not exceeding twelve months. This timeframe is intended to enable these media houses to align their operations with the provisions of the proposed law.
According to Kenya News Agency, the bill seeks to amend Fifth Schedule CAP 411 A of the Kenya Information and Communication Act, requiring broadcasting houses to be registered afresh by the CA, regardless of whether their permits had been previously granted by the Cabinet Secretary in charge of broadcasting. Article 27(2 a, b) of the Bill states that the Commission must respect and uphold the vested rights and interests of parties holding broadcasting permits issued by the Cabinet Secretary before the commencement of this Act, provided that these parties apply for a license under the new Act within the specified period.
The Bill also aims to amend Section 27 A CAP 411 A of the principal act by outlining regulations for telecommunications operators regarding the registration of new Subscriber Identity Module (SIM) cards. Telecommunications operators must ensure that existing subscribers register their SIM cards as required and that registration details of a client remain confidential, not to be disclosed without the subscriber’s consent. However, relevant state organs may access this data if it pertains to national interest.
Subsections 3a, b, and c of the Bill allow telecommunications operators to disclose subscriber registration particulars for statutory functions, criminal investigations, or proceedings. However, subsection (3a) does not apply to services rendered by a telecommunications operator on behalf of a public body, and violations could result in fines up to five million shillings.
Kitany also proposes amendments to Section 27A of the principal Act, requiring internet service providers to submit their billing systems to the CA at the end of each financial year. This information should include all internet numbers issued to subscribers and allow for invoice verification. Licenses and registries held by internet service providers will remain valid until their expiry, with subsequent registration under the new act.
Subsection (3c) of the Bill mandates that internet service providers operate a metered billing system, assigning each customer a unique meter number, monitoring usage, converting it to readable details, and creating invoices based on consumption. The memorandum accompanying the Bill highlights the need to amend the Kenya Information and Communication Act Cap 411A to ensure fair internet billing and consumer protection against exploitation.
Furthermore, Article 46(2) requires Parliament to enact legislation for consumer protection and fair advertising. According to the lawmaker, the proposed law aims to deploy a quality metered billing system to evaluate the value customers derive from registered internet service providers, without inhibiting the fundamental rights and freedoms of any Kenyan.