MPs Raise Concern Over Lack Of Compensation For Unused Data Bundles

The National Assembly’s Communication, Information and Innovation Committee has criticised the Communications Authority (CA) for inadequate measures to protect consumers from data bundle expiries and internet service disruptions by major internet service providers (ISPs).

Led by Committee Chairman John Kiarie, the lawmakers expressed frustration over how ISPs like Safaricom, Airtel, and Telkom handle data bundles and service disruptions, calling for stricter oversight.

The lawmakers further raised concerns about the lack of compensation for unused bundles, insufficient consumer protection frameworks, and the absence of a clear mechanism for addressing complaints.

Kisii County Woman Representative, a member of the Committee, expressed frustration over the current ISP practices, questioning why data bundles expire before consumers can fully utilise them.

“Why do we pay for bundles that expire before we use them? If bundles worked like other utilities, consumers wouldn’t be losing their money,” she stated.

MP Geoffrey Wandeto described short-term data packages as “a fraud,” arguing that the validity periods of data bundles are often too brief for consumers to use the full amount they purchase.

“How can someone realistically consume 20GB of data within an hour?” he questioned, calling short-term expirations exploitative.

His sentiments were echoed by Committee Chair Kiarie, who called for more robust consumer protections, noting that several other countries have implemented no-expiry policies for data bundles.

“If other jurisdictions are moving towards no-expiry policies, there’s no reason we can’t do the same here,” Kiarie stated, adding that consumers deserve data packages that give them full value for their money.

He also pointed out that radio stations publicly address quality-of-service issues, questioning why ISPs do not adopt similar transparency for internet services.

“If radio stations can address quality issues on air, ISPs should be equally transparent with their internet services. Why can’t they alert consumers about expected downtimes, quality issues, or even compensation policies?” posed Kiarie.

On his part, CA Director-General David Mugonyi acknowledged regulatory shortcomings, particularly around compensation during service disruptions.

He explained that while the CA has penalized ISPs for violations, the Kenya Information and Communications Act (KICA) of 1998 lacks explicit provisions mandating consumer compensation.

“Our monitoring and enforcement are being strengthened, but we need clearer legal authority to require compensation,” Mugonyi said, referencing the CA’s recent “Chukua Hatua” campaign aimed at educating consumers about complaint processes.

He assured the Committee that the CA is committed to expanding monitoring systems and enhancing oversight of more than 500 licensed ISPs to improve accountability and service quality.