The National Assembly’s Communication, Information and Innovation Committee, led by Chair Hon. John Kiarie, issued a scathing critique of the Communications Authority (CA) over inadequate measures to protect consumers from data bundle expiries and internet service disruptions by major ISPs like Safaricom, Airtel, and Telkom.

The Committee raised concerns about the lack of compensation for unused bundles, insufficient consumer protection frameworks, and a clear mechanism for addressing complaints, demanding that the CA enforce stricter oversight and accountability.

Committee members expressed their frustrations regarding ISPs’ current practices. Hon. Doris Donya was particularly vocal, questioning why data bundles expire before consumers can fully utilize them. “Why do we pay for bundles that expire before we use them?” she asked. “If bundles worked like other utilities, consumers wouldn’t be losing their money,” she added, suggesting that these expirations constitute an unfair loss for users who cannot fully use the service they’ve paid for.

Adding to this, Hon. Wandeto called short-term data packages “a fraud” and argued that the validity of data bundles is often too short for consumers to use the full amount they purchased. “How can someone realistically consume 20GB of data within an hour?” he questioned, labeling these short-term expirations as exploitative.

Consumer-Centric Policies

Chairman Hon. Kiarie echoed these sentiments, calling for more robust consumer protections, noting that several other countries have implemented no-expiry policies on data bundles. “If other jurisdictions are moving towards no-expiry policies, there’s no reason we can’t do the same here,” Hon. Kiarie stated, adding that consumers deserve data packages that give them full value for their money.

He also pointed out that radio stations publicly air quality-of-service issues and questioned why ISPs do not implement similar practices for internet service. “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?” asked Hon. Kiarie, demanding transparency and accountability from service providers.

Acknowledging Gaps in Consumer Protection

Responding to the Committee’s concerns, CA Director-General Mr. David Mugonyi acknowledged that gaps exist in the current regulatory framework, specifically in enforcing mandatory consumer compensation. He explained that while the CA has penalized ISPs for past violations, the Kenya Information and Communications Act (KICA) of 1998 lacks clear provisions to mandate compensation for consumers during service disruptions.

Mr. Mugonyi also elaborated on the CA’s ongoing efforts, including their “Chukua Hatua” campaign, aimed at educating consumers on avenues for lodging complaints. He assured the Committee that CA is committed to expanding monitoring systems and refining oversight on the more than 500 licensed ISPs to enhance accountability and service quality.

However, several Committee members, including Hon. Miruka and Hon. Abdi, questioned whether these initiatives would be effective in the absence of legally binding consumer protections. Hon. Abdi pressed the CA to impose penalties that directly benefit consumers rather than imposing fines that go unclaimed by those affected.

A Call for Immediate Action and Legal Reform

The session concluded with Hon. Kiarie directing the CA to establish more rigorous oversight mechanisms, proposing an urgent review of KICA to include explicit consumer compensation provisions. “The CA has the power to lead this reform and ensure Kenyans get the protection they deserve. It’s not enough to penalize service providers on paper. We need real, enforceable consumer protections,” Hon. Kiarie asserted.

The Committee urged the CA to ensure that ISPs prioritize customer service and adopt fair compensation measures, calling for consumer data to be treated with the same standards as other essential utilities.