Court upholds freeze on Safaricom's Bonga points expiry
Justice Mwita held that Bonga points once earned by customers become customers' property; thus, Safaricom ceases to have control over them.
Safaricom PLC has suffered a setback after the High Court declined to lift an order that barred the telco from initiating expiring Bonga points and non-merchandise Bonga redemption.
On October 28, 2022, Safaricom issued a public notice indicating that Bonga points redeemed by its customers will have expiry dates.
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Following the directive, Nakuru-based activist Dr Magare Gikenyi filed a petition seeking to stop Safaricom from executing the notice.
Gikenyi sued Safaricom, the Communications Authority of Kenya (CAK), and the Attorney General (AG) and cited the Consumers Federation of Kenya (COFEK) and the Law Society of Kenya (LSK) as interested parties.
In a ruling on November 22, 2024, Justice Chacha Mwita declared Safaricom's October 2022 notice illegal, unconstitutional, null, and void.
Justice Mwita prohibited the telco from effecting the change, saying Bonga points once earned become the customers' property.
"In the circumstances, it would be inappropriate and possibly contrary to article 2(4) of the Constitution for this court, as the trial court, to grant a stay of its decision declaring the 1st respondent's (Safaricom) notice constitutionally infirm," said Justice Mwita.
In response, Safaricom, in its application, asked Justice Mwita to stay the decision pending an appeal.
Safaricom avered that customers will utilise and deplete Bonga points older than three years, and should the appeal succeed, the decree will be incapable of enforcement, and the effect would be irreversible.
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