The Kenyan High Court has suspended Vodacom Group’s plans to increase its stake in Safaricom to over 50%. This decision follows the acceptance of multiple petitions questioning the constitutionality of the proposed sale.
A panel of three judges—Justices Francis Gikonyo, Roselyne Aburili, and Tabitha Ouya—issued a conservatory order preventing both Safaricom and Vodacom from completing the transaction until a ruling on the petitions is made. The judges recognised that the sale of a 15% government stake in Safaricom raises critical constitutional issues related to national security, data sovereignty, public participation, and responsible management of public resources.
In their ruling, the judges stated, “Court process is not a mere inconvenience, and the proposed sale isn’t immune from judicial review and supremacy of the Constitution.” They emphasised that concerns about potential investor confidence in Kenya’s economy should not lead to breaches of constitutional principles.
It was reported that the court also dismissed an application by Vodafone, the parent company of Vodacom, to be excluded from the proceedings, indicating the court’s commitment to addressing the serious constitutional issues raised by the petitioners.
The judges reaffirmed the court’s earlier interim orders issued on March 23, 2026, emphasising that the proposed sale involves public assets managed by the state on behalf of its citizens—not merely private holdings. They highlighted the need for a comprehensive hearing to address the petition’s substantial constitutional concerns.
Vodacom Group aims to elevate its ownership in Safaricom, Kenya’s largest telecommunications provider, but opposition leader Kalonzo Musyoka and several private citizens have moved to challenge the transaction. Despite parliamentary approval for the deal in March, the High Court’s ruling effectively delays what would be Kenya’s largest privatisation effort, preserving the current state of affairs until further judicial review.
