Consumer Rights Under Siege: The Lawsuit Against Safaricom, Airtel, and Telkom

A Nakuru Court has deemed urgent a case involving three telecommunications companies—Safaricom, Airtel, and Telkom Kenya—along with the Communications Authority of Kenya (CA). High Court Judge M. Nang’ea has instructed these entities, along with the State Law Office, to submit their responses by June 4, 2025.

The case was brought forth by Youth Advocacy Africa, along with petitioners Anthony Manyara and John Wangari, who allege that the telecom companies have engaged in unauthorized deductions, imposed undisclosed charges, and enrolled consumers in subscription services without their informed consent, thereby violating consumer rights as outlined in Article 46 of the Constitution of Kenya 2010.

The petitioners contend that these actions represent systemic breaches of consumer protections, particularly affecting underserved rural areas, and accuse the Communications Authority of failing to fulfill its regulatory responsibilities, while the Attorney General is also implicated for not upholding constitutional obligations.

The Petitioners seek declarations affirming violations of Articles 27 (equality), 43 (access to services), and 46 (consumer rights), alongside orders for refunds to affected consumers, prohibitions on non-consensual subscriptions, and mandates for transparent pricing and opt-in/out mechanisms. The petitioners also demand compensation for economic harm and systemic reforms.