Nairobi — The Communications Authority of Kenya (CA) is in the spotlight over insufficient measures to protect consumers from data bundle expirations and frequent internet disruptions by major Internet Service Providers (ISPs) like Safaricom, Airtel, and Telkom.
Members of the National Assembly's Communication, Information, and Innovation Committee have raised concerns about the lack of compensation and consumer protections in the country's digital infrastructure, highlighting the challenges faced by internet users in Kenya.
Committee Chair John Kiarie questioned the absence of a compensation mechanism for unused data bundles and criticized the CA for not mandating ISPs to adopt no-expiry policies that would ensure value for money. He pointed out that many other countries have already implemented no-expiry policies for data bundles, which protect consumers from unfair losses due to short-term data packages.
"If other jurisdictions are moving towards no-expiry policies, there's no reason we can't do the same here," Kiarie argued, emphasizing the need for Kenya to keep pace with global standards in consumer protection.
Tetu MP Geoffrey Wandeto went further, labeling short-term data packages as "a fraud" and asserting that current validity periods are often too short for consumers to fully use the data they purchase. "How can someone realistically consume 20GB of data within an hour?" he questioned, echoing frustrations shared by many Kenyans who feel shortchanged by existing data bundle policies.
Kisii Woman Representative also voiced her concerns, questioning why consumers lose access to data they have paid for if they are unable to use it within a limited period. "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 said.
Legal Framework and CA's Response
In response, CA Director-General David Mugonyi explained that the Kenya Information and Communications Act (KICA) of 1998 lacks clear provisions to mandate compensation for consumers during service disruptions, leaving a regulatory gap that makes it difficult to hold ISPs accountable. Although the CA has penalized ISPs for violations in the past, Mugonyi acknowledged that the current framework does not go far enough in enforcing consumer rights, particularly regarding compensation.
"The Authority has previously taken action against internet service providers for violations. However, the KICA Act of 1998 lacks specific provisions on consumer compensation," he noted, highlighting the need for an updated regulatory approach that addresses modern digital service challenges.
Mugonyi outlined some of CA's ongoing initiatives, including the "Chukua Hatua" campaign, which aims to educate consumers on their rights and provide avenues for lodging complaints. He assured the committee that the CA is working to expand its monitoring systems and strengthen oversight over Kenya's more than 500 licensed ISPs, which would ultimately enhance accountability and service quality.
Call for Urgent Reforms
Committee Chair Kiarie called on the CA to implement more robust oversight mechanisms and proposed an urgent review of the Kenya Information and Communications Act to include explicit consumer compensation provisions.
"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?" he questioned, urging for a more consumer-centered approach in the digital services sector.
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Kiarie emphasized that the CA has the authority to lead the reforms needed to protect Kenyans. "It's not enough to penalize service providers on paper. We need real, enforceable consumer protections," he said, challenging the CA to take a stronger stand against unfair practices by ISPs.
The committee has urged the CA to hold ISPs accountable, ensure fair compensation measures for consumers, and treat data as an essential utility akin to electricity and water.
Lawmakers also stressed the need for CA to address the public's growing concerns about data bundle expiries, with the aim of achieving a fair, transparent, and consumer-friendly digital landscape in Kenya.
