Lobby group sues Safaricom, Airtel over unauthorised deductions and subscriptions

A lobby group has moved to court seeking to stop mobile service providers from making unauthorised deductions, and from auto-renewing or auto-enrolling consumers into services without their consent.

Youth Advocacy Africa wants Safaricom PLC, Airtel Kenya, and Telkom Kenya barred from effecting or continuing to effect any deductions, charges, or enrolments into any subscription-based or premium services without the consumer’s prior, express, and informed consent.

The lobby group, through student leader Anthony Manyara and John Mwangi, has also sought court orders compelling the Communications Authority of Kenya (CA) to file a detailed report in court on all consumer complaints lodged against the three telcos.

According to the petitioners, the report should include complaints received between January 2023 and the present, covering issues such as unauthorised deductions, forced or non-consensual subscriptions, discriminatory service access in rural areas, and enforcement actions taken.

In court documents, the petitioners are asking for interim orders compelling Safaricom, Airtel, and Telkom Kenya to publish and implement verifiable opt-in and opt-out mechanisms for all subscription services.

They also want the telcos to be restrained from auto-renewing or auto-enrolling customers into services without explicit consent, pending the hearing and determination of the case.

“Unless this court urgently issues conservatory and interlocutory reliefs to stop unauthorised deductions and ensure equitable service delivery, the Petitioners and the broader public will continue to suffer irreparable harm, financial loss, and frustration of their constitutional entitlements,” they pleaded.

The group argued that unauthorised deductions, undisclosed charges, and involuntary enrolment into subscription services constitute a violation of consumers’ rights under Article 46(1)(a), (b), and (c) of the Constitution of Kenya, 2010.

They are also seeking a declaration that the Communications Authority’s failure to take appropriate regulatory and enforcement action against the three telcos amounts to a dereliction of its statutory and constitutional duties and violates Articles 10, 46, and 47 of the Constitution.

Additionally, the petitioners want the court to declare that the provision of poor-quality telecommunications services in rural and underserved areas, while charging the same tariffs as in urban areas, amounts to indirect discrimination and breaches Articles 27, 43(1)(b), and 46(1)(a) of the Constitution.

They are also calling for the telcos to be compelled to refund consumers who have suffered unauthorised deductions, charges, or subscriptions over the past three years, subject to verification by an independent audit overseen by the Communications Authority.

“An order of Mandamus be and is hereby issued compelling Safaricom, Airtel, and Telkom Kenya to establish and publicise clear, accessible, and toll-free opt-in and opt-out mechanisms, and to ensure transparency in all pricing, terms, and conditions for services offered,” the petitioners stated.

They further submitted that the three providers have systematically delivered inferior services, particularly in rural and marginalised areas, citing poor network coverage, low data speeds, and frequent interruptions.

“The losses incurred by consumers due to the deeds and misdeeds of Safaricom, Airtel, and Telkom Kenya are significant, especially for low-income users who rely on mobile services for financial transactions, access to digital markets, communication, and essential public services,” they argued.

Other Topics To Read

• Business
• Headlines
• Safaricom
• Communications Authority of Kenya
• Airtel
• Youth Advocacy Africa
• Telkom Kenya
• Lobby group sues Safaricom
• Airtel over unauthorised deductions and subscriptions