Safaricom, Airtel, Telkom, and the Communications Authority of Kenya (CA) face a groundbreaking lawsuit that could reshape mobile data rights for millions of Kenyans. ICT lawyer Adrian Kamotho has filed a petition with the Communications and Multimedia Appeals Tribunal, challenging unfair data practices and demanding consumer-focused reforms.
Unfair Practices Under Scrutiny
Kamotho’s lawsuit targets three critical issues affecting Kenya’s mobile subscribers:
- Expiry of unused data bundles
- Automatic out-of-bundle charges
- Limited user control over data management
“An order directing the respondents to enable active subscribers to roll over unused data at all times,” Kamotho states in his filing.
The petition seeks to align Kenya’s telecom policies with global standards for consumer protection.
Proposed Reforms for Consumer Empowerment
Kamotho demands actionable changes to enhance user rights, including:
- Permanent data rollover for active subscribers
- Data transfer options within the same network
- Mandatory usage alerts at 75%, 50%, 25%, and 0% thresholds
- A ban on out-of-bundle charges without explicit user consent
These reforms could revolutionize how Kenyans manage mobile data, curbing practices that drain wallets without transparency.
Learning from African Neighbors
Kamotho points to progressive policies in Ghana and South Africa as models:
- In 2019, Ghana eliminated data and voice bundle expiry, allowing automatic rollovers with top-ups.
- In 2024, South Africa mandated user consent for out-of-bundle billing and required data rollover.
These examples fuel calls for Kenya to adopt similar consumer-friendly regulations.
Regulatory Accountability Questioned
The lawsuit also criticizes the CA for failing to enforce consumer rights. Kamotho accuses the regulator of neglecting its duty to ensure:
- Transparent billing practices
- Fair access to mobile data
- Resolution of widespread consumer complaints
This scrutiny highlights gaps in regulatory oversight within Kenya’s telecom sector.
A Turning Point for Kenya’s Digital Future
A favorable ruling could transform Kenya’s telecom landscape by:
- Ending arbitrary data expiry
- Enhancing user control over data usage
- Boosting transparency and trust in telecom services
Digital rights activists and frustrated subscribers are closely watching the case, which has sparked widespread public interest.
A Call for Telecom Fairness
Kamotho’s lawsuit is a bold push for accountability in Kenya’s booming mobile market. By challenging outdated practices, it aims to empower consumers and set a precedent for digital fairness. The tribunal’s decision will shape the future of telecom services and consumer rights in Kenya.
