The High Court has directed that the current position be maintained in a case challenging the government’s proposed sale of a 15 per cent stake in Safaricom, as the matter heads to a crucial hearing.
A three-judge bench, led by Justice Francis Gikonyo, said it will prioritise the hearing of an application seeking conservatory orders within 10 days before issuing a ruling.
“We will hear the application for conservatory orders within 10 days, consider submissions from all parties, and then deliver a ruling. In the meantime, the status quo orders issued earlier remain in force,” said Justice Gikonyo.
No active conservatory orders, court clarifies
The court clarified that there are currently no formal conservatory orders in place, noting that earlier directions issued by Justice Lawrence Mugambi only required parties to maintain the status quo pending the formation of the bench.
Judges further indicated that other pending applications, including requests to join additional parties to the case, will be considered after the determination of the conservatory orders application.
However, the court allowed an application to amend the petition to include Vodafone Kenya Limited as a respondent in the case.
Respondents challenge petitioners’ claims
During proceedings, respondents accused the petitioners of misrepresenting earlier court directions by suggesting that conservatory orders were still active.
They argued that the case remains incomplete, pointing out that petitioners had been directed to amend their filings, and that the court should not grant substantive relief on what they termed an underdeveloped petition.
The respondents also dismissed claims that the matter carries broad public interest, stating that the petitioners do not represent the wider Kenyan population.
Additionally, they defended Parliament’s role in approving the proposed transaction, insisting there was no evidence of illegality in the process.
Kalonzo pushes for extended protection
On the other hand, Kalonzo Musyoka urged the court to extend protections, arguing that Parliament had already approved the sale effective April 1 in alleged violation of earlier court directions.
He also sought to have Vodafone Kenya Limited formally enjoined in the case and requested permission to amend the petition.
Kalonzo highlighted Safaricom’s critical role in Kenya’s economy, pointing to its contribution to GDP and the widespread reliance on its mobile money platform, M-Pesa.
What next
The dispute, centred on the National Treasury’s plan to offload part of its stake in Safaricom, will now proceed to a hearing of the conservatory orders application within the timelines set by the court.
The outcome is expected to shape the future of one of Kenya’s most valuable corporate assets and could have far-reaching implications for the country’s telecommunications sector.
