Anthony Manyara, John Wangari, and Youth Advocacy Africa have filed a constitutional petition at the High Court in Nakuru against Safaricom PLC, Airtel Networks Kenya, Telkom Kenya, the Communications Authority of Kenya, and the Attorney General.
The petition accuses the telecommunications companies of making unauthorised deductions, imposing undisclosed charges, and enrolling consumers into subscription-based services without informed consent.
The petitioners also allege that the Communications Authority failed in its regulatory duties and the Attorney General neglected to uphold constitutional protections. Justice Julius Nang’ea has certified the case as urgent and directed the respondents to file their responses by June 4, 2025.
They are seeking a declaration that Safaricom’s actions in making unauthorised deductions, imposing undisclosed charges, and enrolling consumers into subscription-based services without prior and informed consent violate the rights of consumers under Article 46(1)(a),(b), and(c) of the Constitution of Kenya 2010.
Antony Manyara, John Wangai, and Youth Advocacy Africa have filed a constitutional petition in the High Court of Kenya at Nakuru against the three telecommunications.
The case centers on alleged systemic violations of consumer rights under Article 46 of the Constitution and related laws, including unauthorised deductions, hidden charges, non-consensual subscriptions, and discriminatory service quality in rural areas.
The petitioners argue that the telecom operators (1st–3rd Respondents) breached consumer protections by failing to obtain informed consent for subscriptions, imposing undisclosed fees, and providing substandard services in underserved regions while charging urban-equivalent tariffs.
They further accuse the Communications Authority (4th Respondent) of neglecting its regulatory duties, enabling these violations.
The Attorney General (5th Respondent) is implicated for failing to uphold constitutional obligations.
The petitioners seek declarations affirming violations of Articles 27 (equality), 43 (access to services), and 46 (consumer rights), alongside orders for refunds to affected consumers, prohibitions on non-consensual subscriptions, and mandates for transparent pricing and opt-in/out mechanisms. The petitioners also demand compensation for economic harm and systemic reforms.
Nakuru High Court Judge Honourable Justice Julius Nang’ea has certified the matter as urgent, directing the petitioners to serve both the petition and application and the respondents to file any replies. Further directions on 4th June 2025.
