A bill currently before Kenya’s National Assembly has drawn fierce criticism for granting the government unprecedented powers to monitor citizens’ online activities without judicial oversight.
The Kenya Information and Communications (Amendment) Bill, 2025, sponsored by Aldai MP Marianne Kitany, proposes changes that critics warn could erode constitutional rights to privacy, freedom of speech, and expression.
The legislation seeks to empower the Cabinet Secretary for Information to mandate internet service providers (ISPs), telecom companies, and cyber operators to install surveillance tools, including “signature-creation devices”, enabling real-time monitoring of users’ data.
ISPs would also be required to assign unique, identifiable meter numbers to each customer, creating a centralised system for tracking online activity. Additionally, the bill introduces a layer of state-controlled content regulation, potentially undermining the Media Council of Kenya’s authority over broadcast oversight.
Former ICT Cabinet Secretary Justin Muturi and prominent city lawyer David Ochami have condemned the bill as unconstitutional, arguing it violates Kenya’s Data Protection Act (2019) and Article 31 of the Constitution, which safeguards privacy.
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Currently, access to private user data requires a court order or a valid criminal investigation. However, the proposed law would allow state agents to bypass these checks, retrieving information “on their own motion”.
“This is a brazen attempt to claw back digital freedoms under the guise of security,” Muturi stated. “Such overreach risks normalising state snooping without accountability.”
An internal update from the ICT Ministry hinted that surveillance infrastructure might already be partially implemented, citing “tools installed and working” but lacking legal justification. Critics argue the bill retroactively legitimises these measures while exposing users to potential abuse.
Digital rights advocates and civil society groups have mobilised against the bill, urging lawmakers to reject it. “This isn’t just about privacy, it’s about chilling free expression,” said Esther Mwangi, a Nairobi-based cybersecurity expert.
“If passed, journalists, activists, and ordinary citizens could face retaliation for online dissent.” The bill’s progress through the National Assembly will be closely watched, with opponents vowing to challenge its constitutionality in court if enacted.
What’s at stake: Unrestricted government access to internet users’ data without court orders.
Key critics: Former CS Muturi, lawyer Ochami, digital rights groups.
Status: Under review in Parliament; public hearings expected.
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