MPs put communications agency to task over expiry of unused data bundles

Members of Parliament have demanded explanations from the Communications Authority of Kenya (CA) on why Kenyans are forced to pay for data bundles that expire before they are fully used, questioning if internet service providers are exploiting consumers without repercussions.

Appearing before the National Assembly's ICT Committee on Tuesday, CA officials were pressed to explain what safeguards they have implemented to protect Kenyans from data bundle expiries and service disruptions.

Kisii Woman Representative Dorice Donya criticised the short validity periods on data packages offered by internet service providers (ISPs), labelling them as unrealistic and exploitative.

“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,” Donya said.

Tetu MP Geoffrey Wandeto argued that the short-term data packages are a clear fraud, noting that it is unrealistic for anyone to, for example, consume 20GB of data bundles within an hour of purchase.

Dagoretti MP John Kiarie, the committee chairman, echoed the concerns, questioning why the CA has not introduced policies to enforce no-expiry bundles.

“If radio stations can air quality of service issues, why aren’t ISPs doing the same for internet service? Other countries have implemented no-expiry policies and we need similar protections here,” Kiarie said.

In response, CA Director-General David Mugonyi stated that while the CA has fined providers in the past, there are still gaps in the law regarding mandatory consumer compensation.

He added that the CA plans to launch a campaign to educate the public on how to file complaints.

Lawmakers urged the CA to implement stronger oversight mechanisms to protect Kenyans from what they described as consumer exploitation by ISPs.

The issue of data bundle expiry is not new to Parliament. In 2022, National Assembly Majority Leader Kimani Ichung’wah raised similar concerns, highlighting the financial burden on Kenyans when data bundles expire before they are fully used.

Speaking on November 24, 2022, Ichung’wah pointed out that internet costs are high in Kenya, partly because of how bundles are sold.

"When you buy weekly data and don't use it in time, it expires, and you lose your money," he said.

He suggested that internet service providers should adopt a billing model similar to utilities, where consumers only pay for the data they actually use.

"The internet should be billed like electricity, where you only pay for what you consume," said Ichung’wah.

He reiterated that the telcos and internet service providers must account for how bundles bought by users expire.

"They must be held to account. Because internet service provision is a service like any other. It's like water and power that comes to your house. And you pay for what you consume. Therefore, they cannot be charging Kenyans for what they are not consuming," he said.

He said the services were a punishment to young Kenyans using bundles to work online in an aim to better their livelihoods.

"Time limits on data usage is skewed towards enriching giant telcos while disenfranchising the millions of youth using the internet," he said.

Ichung'wah was supporting a motion tabled by Kamukunji MP Yusuf Hassan seeking to regulate the internet service providers.

"I am seeking a statement over the expiry of unused data bundles and widespread internet speed throttling by internet service providers," Yusuf said while tabling the motion.