According to industry reports, a Kenyan group has filed a lawsuit against Safaricom, Kenya’s largest telecom services provider, the Communications Authority of Kenya (CA), and the Kenya Competition Authority over Starlink.
The advocacy group Kituo cha Sheria (Legal Advice Centre) wants the court to order all three entities not to hinder Kenyans from accessing Starlink.
These events arose weeks after Safaricom raised worries about Starlink’s arrival in Kenya.
Kituo Cha Sheria, led by Dr Annette Mbogoh, claims that Safaricom’s request would restrict Kenyans from ‘getting better internet speeds while also keeping internet costs high’.
“The allegations in the first respondent’s letter dated July 5, 2024, remain unsubstantiated as it is a competitor and lacks independent and objective judgment. The first respondent is directly prejudiced by their market dominance and is likely to be apprehensive about entering any other big players into the market,” said Dr Mbogoh.
Safaricom is the first to respond to this matter.
The group also asks for a court order declaring Safaricom’s demands to the regulator unlawful, arguing that internet access is a fundamental socio-economic right.
Further, Kituo Cha Sheria requests that the court grant a permanent injunction prohibiting the CA from acting against SpaceX or banning its gadgets in the Kenyan market.
The issue stems from Safaricom’s letter to CA in early July, which urged the regulator to exercise caution when giving independent licenses to satellite internet service providers.
The telecom company urged that the regulator consider compelling satellite internet providers such as Starlink to partner with local mobile network operators.
“Satellite coverage inherently extends to multiple territorial borders and, in doing so, has the potential to illegally provide services and cause harmful interference within the territorial borders of the Republic of Kenya,” Safaricom said in the letter.
Safaricom also claimed that mandating satellite internet service providers to partner with local mobile operators rather than granting them independent operating licenses would “promote innovation while avoiding potential damage.”
