Kituo's Case Against Safaricom's Objections
In a petition under a certificate of urgency, Kituo Cha Sheria argues that satellite internet services should be left to grow uninhibited. Safaricom had, in a July 5, 2024, letter to the CA, complained over the interference Starlink was likely to cause on mobile networks. Kituo dismisses this argument, saying that the objections by Safaricom have no factual support and may be conflicted by the position it holds as a competitor in the market.
Kituo was represented by lawyer Marc Chirchir, who urged the court to direct the CAK, the CA, and all other relevant regulators to undertake an independent and scientific study on satellite internet services before enacting regulations. Kituo insists that such a study should not be influenced by mobile network operators such as Safaricom if it is to make unbiased findings.
Application for Interim Court Orders
The Kituo Cha Sheria wants the court to issue an order of injunction that would restrain the Communications Authority of Kenya and the Competition Authority of Kenya from making any moves likely to stifle consumers from having access to Starlink's services. According to lawyer Marc Chirchir, it is intended "to mean that no action should be taken to frustrate the payment of monies to Starlink or its affiliates.".
Safaricom has in the past been urging the regulator to review its decision to grant the satellite service provider independent licences on grounds that such an arrangement could lead to illegal connections and interference with mobile networks.
The Larger Implication of Starlink in Kenya
Elon Musk's Starlink, which is operated by SpaceX, prepares to offer cheaper internet into a market dominated by Safaricom, Jamii Telecommunications Ltd., and Zuku. According to Kituo Cha Sheria, access to the internet is increasingly becoming a basic socio-economic right and important for accessing education, health care, job opportunities, and civic engagement.
The Executive Director of the NGO, Annette Mbogoh, observed that this digital divide has widened the inequality gap especially for the most marginalized parts of the population. She said that affordable, quality internet is not just about technological development-it is core to social justice and human development.
Safaricom's Market Dominance and Starlink's Potential
Kituo Cha Sheria has filed a case against Safaricom, accusing the firm of abusing its market dominance to stifle effective competition from other services like Starlink that would avail cheaper Internet access. The NGO argues that in the letter, Safaricom objections to the licensure of Starlink aim at stifling competition by objecting to the access to the market and/or technological development and, as such, is contrary to Kenya's Competition Act.
Such a position, according to Kituo, may make Kenyan consumers continue paying for expensive internet services at the expense of competition and innovation within the sector.
Legal Arguments and Constitutional Rights
Kituo Cha Sheria warns that unless objections by Safaricom are addressed urgently, they have the potential to dent rights of Kenyan citizens under the Constitution. The NGO cites Articles 40, 43, and 46 that relate to the protection of property rights, socio-economic rights, and consumer rights, respectively. They argue that blocking Starlink's entry would hinder the progressive realization of these rights, leaving many Kenyans unable to access affordable high-quality internet.
Kituo Cha Sheria named Safaricom, the Communications Authority of Kenya, and the Competition Authority of Kenya as respondents in its court filing. The Law Society of Kenya and Consumers Federation of Kenya have been listed as interested parties in the case.
Conclusion
The controversy about the entry into the Kenyan market by Elon Musk's Starlink is shaping up to be one of the biggest legal battles. It believes that this would be to the benefit of all Kenyans, especially the marginalised. On the other hand, Safaricom fights tooth and nail for its market position, citing threats to network stability. The judgement in this case may set a precedent for the future of internet service competition in Kenya and the wider Africa.