Kituo cha Sheria, a Kenya-based lobby group, has filed a lawsuit against Safaricom, the Communications Authority of Kenya (CA), and the Competition Authority of Kenya, demanding that they allow Starlink access to the Kenyan market.
Safaricom had previously requested the CA to compel SpaceX, led by Elon Musk, to partner with local internet providers as it continues to roll out its internet services in Kenya,
However, Kituo cha Sheria, led by Dr. Annette Mbogoh, contends that this move would block Kenyans from accessing faster internet speeds and maintain high costs.
High Court Judge Chacha Mwita learned that Safaricom is concerned about SpaceX entering the market due to its competitive pricing. Kituo cha Sheria also told the court that while Safaricom charges Ksh 6,000 for internet service, Starlink offers 50GB of internet for just Ksh 1,800.
Mbogoh stated, “The allegations in the first respondent’s letter dated July 5, 2024, are unsubstantiated. Safaricom, as a competitor, lacks independent and objective judgment and is directly prejudiced by its market dominance, making it apprehensive about the entry of major players.”
Represented by Marc Chirchir, Ahmed Sigat, Abdul Maalim, and Nelius Njuguna, Kituo cha Sheria argued that blocking Starlink would force users to continue with slower and more expensive internet options.
The court learned that SpaceX had begun launching its Starlink satellites after extensive research and development, seeking to establish a global network of small, mass-produced satellites to provide widespread internet access.
The court was also informed that while satellites have been in existence for some time, their use for home internet is a new and growing business model.
Kituo cha Sheria is seeking a court declaration that Safaricom’s letter is unconstitutional and wants the court to affirm that internet access is a socio-economic right. The lobby group also requests a permanent injunction preventing the CA from acting against SpaceX or restricting its devices in Kenya.
