Telecom Giants and Regulator Sued in Nakuru Over Consumer Rights Violations
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By Dennis Wanyonyi
The High Court in Nakuru has certified as urgent a petition challenging Kenya’s leading telecommunications firms—Safaricom PLC, Airtel Networks Kenya, and Telkom Kenya—along with the Communications Authority of Kenya (CA) and the Attorney General, over alleged widespread violations of consumer rights.
The petition, brought by Youth Advocacy Africa, Anthony Manyara, and John Wangari, accuses the three telecom companies of systematically imposing unauthorized deductions, levying undisclosed charges, and enrolling consumers into subscription services without obtaining their informed consent. According to the petitioners, these practices contravene Article 46 of the Constitution of Kenya, which guarantees consumers the right to goods and services of reasonable quality, the right to information, and the right to consumer protection.
Justice Julius Nang’ea of the High Court ruled that the matter be treated as urgent, directing the petition and application to be served immediately. He also instructed all respondents—including the three telecom firms, the CA, and the State Law Office—to file and serve their responses by June 4, 2025. Further directions will be issued on that date.
The petitioners also contend that the Communications Authority of Kenya has failed in its regulatory duty by allowing these alleged practices to persist unchecked, while the Attorney General is accused of neglecting to uphold constitutional safeguards protecting consumers. They argue that while telecom users in urban areas enjoy certain levels of service, consumers in rural areas face substandard service delivery, yet they are charged at the same rates.
The suit seeks declarations affirming violations of key constitutional provisions—Articles 27 (equality and non-discrimination), 43 (right to access services), and 46 (consumer rights). The petitioners are also asking the court to order refunds for affected consumers, prohibit non-consensual subscriptions and hidden charges, mandate transparent pricing and clear opt-in/out mechanisms, award compensation for economic harm suffered, and institute systemic reforms to protect consumer rights going forward.
As this landmark case unfolds, it shines a spotlight on the balance of corporate accountability and consumer protection in Kenya’s rapidly evolving digital landscape.
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