The ongoing dispute over internet access and its pricing in Kenya has now reached the courts, as Kituo cha Sheria, a legal advocacy group, has filed a lawsuit against Safaricom, the Communication Authority of Kenya (CA), and the Competition Authority of Kenya. The suit aims to secure market access for Starlink, a satellite internet service provided by Elon Musk’s Space X, in the country.
Safaricom had previously requested the CA to mandate Space X to collaborate with local internet service providers. However, Kituo, under the leadership of Dr. Annette Mbogoh, argued that this move would prevent Kenyans from accessing faster internet speeds and would keep internet costs high.
High Court Judge Chacha Mwita was informed that Safaricom is uneasy about competing with Space X, particularly due to the significant difference in pricing. Kituo noted that Safaricom charges subscribers Ksh 6,000 for internet services, while Starlink offers 50GB of data at just Ksh 1,800, a 70% decrease.
“The allegations in the first respondent’s letter dated July 5, 2024, remain unsubstantiated as it is a competitor and lacks independent and objective judgment. The first respondent is directly prejudiced by their market dominance and is likely to be apprehensive about the entry of any other big players into the market,” said Dr. Mbogoh.
Representing Kituo in the case are lawyers Marc Chirchir, Ahmed Sigat, Abdul Maalim, and Nelius Njuguna. They argued that if the CA were to block Starlink from entering the Kenyan market, citizens would be left with slower and more expensive internet services.
Kituo is seeking a court ruling that Safaricom’s letter to the CA is unconstitutional and that access to the internet is a socio-economic right. They are also asking the court to permanently prevent the CA from taking any action against Space X or restricting its devices in the Kenyan market.
Space X launched its Starlink satellites as part of a global effort to create a network of small, mass-produced satellites to provide internet access. Its internet service is the fastest growing in the world, now available in over 100 countries and 9 in Africa.
