A fresh legal challenge has been filed at the High Court seeking to stop the government’s reported plan to sell its remaining 15 per cent stake in Safaricom, with petitioners arguing that the proposed transaction violates constitutional requirements on transparency, accountability and public participation.
The petitioners are asking the court to suspend any steps towards the planned divestiture pending the hearing and determination of the case.
According to the petition, the proposed disposal of the State’s remaining shareholding in Safaricom raises significant constitutional, legal and economic concerns that should be subjected to public scrutiny before any transaction is undertaken.
The applicants argue that Kenyans have not been adequately consulted on the proposed sale despite Safaricom being one of the country’s most valuable and strategically important companies.
They further contend that key constitutional questions remain unanswered, including whether Parliament was properly involved in the process, whether the proposed transaction complies with public finance and procurement laws, and whether the government can dispose of a strategic public asset without meaningful public participation.
The petition names several government agencies and institutions involved in the proposed transaction, alongside Safaricom and other entities linked to the planned divestiture.
If the court certifies the matter as urgent, it could issue conservatory orders temporarily suspending any further action on the proposed sale while the case is heard and determined.
The petition comes amid growing public debate over the government’s plan to raise revenue through the disposal of selected State assets. Critics have argued that strategic investments built using public resources should not be sold without full public participation and parliamentary oversight.
Should the High Court agree to hear the matter on an urgent basis, the case is expected to test the constitutional limits of the government’s privatisation agenda and could set an important precedent on the disposal of strategic public assets in Kenya.
The government has yet to publicly respond to the petition or the issues raised by the applicants.
