The Kenya Information & Communications (Amendment) Bill 2025.

Regulation is a double edged sword and more so IP networks regulation.
Countries all over the world are grappling with telecommunications
regulations in a converged environment. We are supposed to be effectively
doing “self regulation” at G5 level of ICT regulation. The issue is where
are the gaps between the regulator and the market? How can these gaps be
closed? How does the market collaborate with the regulator?

———————————————————————————————————————————
*Edith R N Njeru Eng. (Electrical/Electronic Engineering)*

On Mon, 26 May 2025, 21:13 Young Women Growing via KICTANet, <
[email protected]> wrote:

> Thank you for this Lawrence.
>
> Best Wishes
> Beatrice WW M
>
> On Mon, 26 May 2025, 18:26 Anthony Kiarie via KICTANet, <
> [email protected]> wrote:
>
>> Good evening
>> In a previous thread I have mentioned how CSP’s intercept communication
>> viz voice, sms, data, etc.
>> Seeing as we do seem to draw a lot from Europe in way of policy and
>> regulation case in point the GDPR one and I think we may borrow from the
>> MICA regulation on Digital and crypto assets…
>> I thought I would share one of the discussion items at WEF 2025 in Jan
>> 2025
>>
>> A excerpt from one of Europran leaders:
>> “.. That’s why I believe we must push forward the principle of
>> ‘pseudonymity’ as the functioning element of social media, and force all
>> these platforms to link every user account to an European Digital Identity
>> Wallet…
>> ..
>> My second proposal is to force open the black box of social media
>> algorithms, once and for all. The values of the European Union are not for
>> sale. Safeguards like content moderation and fact-checking are both legal
>> and moral requirements that must be followed by all.”
>>
>> This is a topical discussion not only in Kenya…
>>
>>
>> www.weforum.org/stories/2025/01/davos-2025-special-address-pedro-sanchez-prime-minister-spain/
>>
>>
>>
>>
>> On Mon, 26 May 2025, 16:22 Jacinta Wothaya via KICTANet, <
>> [email protected]> wrote:
>>
>>> Lawrence,
>>>
>>> Thanks for opening the discussion on The Kenya Information &
>>> Communications (Amendment) Bill 2025
>>> <www.parliament.go.ke/sites/default/files/2025-05/The%20Kenya%20Information%20and%20Communications%20%28amendment%29%20Bill%2C%202025.pdf> and
>>> for the contributions by Kinyanjui and Steve.
>>>
>>> I encourage everyone to review the bill and contribute to this
>>> much-needed discussion. Let’s amplify our voices and ensure the final
>>> legislation reflects the needs of the vibrant digital community that we’ve
>>> worked hard to grow as Kenyans.
>>>
>>>
>>> Best,
>>>
>>> *Jacinta Wothaya*
>>>
>>> On Mon, May 26, 2025 at 10:16 AM Wasilwa Steve via KICTANet <
>>> [email protected]> wrote:
>>>
>>>> *Subject:* Implications of the Kenya Information and Communications
>>>> (Amendment) Bill, 2025 on the Common Citizen
>>>>
>>>> Dear KICTAnet Members,
>>>>
>>>> I hope this message finds you well.
>>>>
>>>> I am writing to contribute to the ongoing conversation surrounding the *Kenya
>>>> Information and Communications (Amendment) Bill, 2025*, which is
>>>> currently under consideration. While the bill appears to address regulatory
>>>> gaps in the information and communications sector, several provisions—if
>>>> passed and enacted—may have *far-reaching consequences for the common
>>>> citizen*, particularly in relation to constitutional freedoms, media
>>>> independence, and access to secure communication channels.
>>>> Key Implications for the Common Mwananchi:
>>>>
>>>> 1.
>>>>
>>>> *Chilling Effect on Press Freedom and Public Accountability*
>>>> The bill proposes punitive fines of up to *KSh 20 million for media
>>>> houses* and *KSh 1 million for individual journalists*, alongside
>>>> the risk of suspension or deregistration. These sanctions are likely to
>>>> promote *self-censorship* in the media, diminishing the public’s
>>>> access to critical reporting, especially on governance, corruption, and
>>>> service delivery issues that directly affect everyday life.
>>>> 2.
>>>>
>>>> *Suppression of Civic Voices and Whistleblowers*
>>>> In an environment where journalists and media outlets are under
>>>> threat, *civil society actors, community voices, and whistleblowers*
>>>> may hesitate to speak out or share information publicly, reducing the
>>>> avenues through which citizens hold leaders accountable.
>>>> 3.
>>>>
>>>> *Erosion of Constitutional Rights*
>>>> The bill raises serious questions about *compliance with Article 34
>>>> of the Constitution*, which guarantees freedom of the press. If
>>>> these rights are weakened through legislation, ordinary citizens lose one
>>>> of their most powerful tools for civic engagement and democratic
>>>> participation.
>>>> 4.
>>>>
>>>> *Loosening SIM Card Registration Rules – A Double-Edged Sword*
>>>> While the removal of restrictions on SIM card hawking may support
>>>> informal economy players, it also *opens the door to misuse of
>>>> unregistered lines*, potentially increasing cybercrime, identity
>>>> theft, and fraudulent mobile money transactions that disproportionately
>>>> affect low-income earners and vulnerable users.
>>>> 5.
>>>>
>>>> *Decline in Trust in Public Institutions*
>>>> A heavily regulated media landscape controlled by state mechanisms
>>>> may lead to *reduced public trust in the credibility of information*,
>>>> limiting informed decision-making and widening the digital divide.
>>>>
>>>> A Call for a Citizen-Centric Approach
>>>>
>>>> As members of Kenya’s vibrant ICT policy community, I believe we have a
>>>> shared responsibility to *defend digital rights, promote inclusive
>>>> regulation*, and advocate for legislative frameworks that *strengthen—not
>>>> suppress—citizen empowerment*.
>>>>
>>>> I urge this forum to continue amplifying civic voices, interrogating
>>>> the constitutionality of the bill’s provisions, and engaging policy makers
>>>> with reasoned, evidence-based recommendations. Let us work toward
>>>> legislation that protects citizens, upholds press freedom, and secures the
>>>> digital public square.
>>>>
>>>> Warm regards,
>>>> Steve Wasilwa- MSc. MBA
>>>> Board Member -REDO Kenya
>>>>
>>>>
>>>>
>>>> On Sun, May 25, 2025 at 9:45 PM Lawrence Muchilwa via KICTANet <
>>>> [email protected]> wrote:
>>>>
>>>>> Hey Listers…
>>>>>
>>>>> The proposed changes regarding usage of meters are misinformed,
>>>>> counter productive.
>>>>>
>>>>> ISP already keep track of connections to an extent. The system isn’t
>>>>> without gaps but existing gaps can better be address by eg more adoption of
>>>>> IPv6,instead of this retrogressive approach that will increase connectivity
>>>>> overhead,making Internet access more expensive,reduce number of users on
>>>>> the net, effectively undermining any digital transformation, adoption and
>>>>> progress.
>>>>>
>>>>> Link to bill:
>>>>>
>>>>>
>>>>> www.parliament.go.ke/sites/default/files/2025-05/The%20Kenya%20Information%20and%20Communications%20%28amendment%29%20Bill%2C%202025.pdf
>>>>>
>>>>> with kind regards
>>>>> Muchilwa Lawrence
>>>>> overwatch.or.ke www.testmyids.ke
>>>>>