Controversial legislation would require internet providers to track and report all user activity to government authorities
A new bill making its way through Parliament could give the Kenyan government unprecedented access to citizens’ internet browsing history, sparking concerns about digital privacy and surveillance overreach.
The Kenya Information and Communications (Amendment) Bill 2025, sponsored by Aldai MP Marianne Jebet Kitany, would require all Internet Service Providers to assign unique tracking numbers to customers and submit detailed annual reports of their online activities to the Communications Authority of Kenya.
Under the proposed legislation, ISPs would be mandated to monitor and record which websites their customers visit, creating what critics describe as a comprehensive government database of Kenyans’ digital lives.

Aldai MP Marianne Jebet Kitany is the sponsor of The Kenya Information and Communications (Amendment) Bill 2025.
The bill specifically requires service providers to “monitor customer usage” and “convert customer usage into readable details.”
The tracking system would assign each internet user a unique identification number, similar to a utility meter, allowing authorities to link browsing history directly to individual citizens.
This data would then be compiled annually and handed over to government regulators.
“This creates an unprecedented level of digital surveillance,” said a digital rights advocate who requested anonymity.
“The government would essentially have a record of every website visited by every Kenyan with internet access.”
Social Media Identity Verification Required
The bill also targets social media platforms, requiring companies like Facebook, WhatsApp, and Instagram to verify users’ ages through national identification documents.
While presented as a child protection measure, critics argue this would eliminate anonymous online participation and make it easier for authorities to identify social media users.
Major international platforms would need to implement new verification systems specifically for Kenyan users, raising questions about compliance and enforcement across global technology companies.
Constitutional concerns
Legal experts are questioning whether the proposed surveillance measures violate constitutional protections for privacy and freedom of expression.
Kenya’s 2010 Constitution guarantees citizens’ right to privacy, including freedom from unreasonable searches of their property and possessions.
“There are serious constitutional issues with requiring blanket surveillance of all internet users,” explained a constitutional lawyer familiar with the bill.
“Such broad monitoring powers would typically require judicial oversight and specific justification.”
The legislation comes amid growing concerns about digital freedom in Kenya.
Freedom House’s 2024 report documented increasing online censorship, including 64 content removal requests submitted to Google by Kenyan authorities in 2023.
Technical and economic implications
Internet service providers would face significant new compliance costs under the proposed system.
Companies would need to invest in tracking infrastructure, data storage systems, and reporting mechanisms to meet the government’s requirements.
These costs could potentially be passed on to consumers through higher internet prices, potentially limiting digital access for lower-income Kenyans.
Tech experts also question the technical feasibility of comprehensive internet monitoring, particularly with the increasing use of encrypted connections and virtual private networks that can mask user activity.
If passed, Kenya’s legislation could influence similar efforts across East Africa, where governments are grappling with balancing security concerns against digital rights.
The bill represents one of the region’s most comprehensive attempts at internet surveillance legislation.
Other countries have implemented various forms of online monitoring, but few have required such extensive tracking of individual browsing habits by private internet companies.
The bill will undergo committee review and public participation processes before potential passage.
Digital rights organizations are preparing submissions opposing the surveillance provisions, while government supporters argue the measures are necessary for national security and child protection.
Citizens concerned about the legislation can participate in public hearings and submit comments through official parliamentary channels during the review process.
The outcome will significantly impact how Kenyans access and use the internet, potentially affecting everything from e-commerce to social media participation and online journalism in the country.
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