Safaricom, regulator, sued in Starlink internet battle

The simmering battle over access to the internet and its cost in the country has finally landed in court.

Kituo cha Sheria, a lobby group, sued mobile services provider Safaricom, the Communication Authority of Kenya (CA), and the Competition Authority of Kenya to allow Starlink access to the Kenyan market.

Safaricom had written to CA seeking to have Space X, an Elon Musk-led company, be compelled to partner with the local internet providers.

However, Kituo, led by Dr. Annette Mbogoh, claimed that the move would not only lock out Kenyans from enjoying faster internet speed but also sustain expensive costs to access it.

High Court Judge Chacha Mwita heard that Safaricom has grown jittery about having Space X as a competitor owing to the cost charged.

According to Kituo, Safaricom charges internet subscribers Sh 6000 while those who use Starlink pay Sh 1800 for 50GB of internet.

“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 the entry of any other big players into the market,” said Mbogoh.

In this case, Kituo is being represented by Marc Chirchir, Ahmed Sigat, Abdul Maalim and Nelius Njuguna.

They argued that if the CA locks out Starlink from the Kenyan market, internet users will be forced to continue with the relatively slow but expensive internet.

The court heard that Space X, an American company, began to launch Starlink satellites it had been researching and developing.

According to Kituo, the purpose was to have a network of small, mass-produced networks across the globe providing internet.

The judge heard that although satellites have been there for a while, commercialising them for home use is a new business model that has been drawing traction all over the globe.

Kituo wants the court to declare that Safaricom’s letter is unconstitutional. At the same time, the lobby group is asking the court to find that access to the internet is a social-economic right.

It also wants the court to permanently bar CA from acting against Space X or limiting its gadgets in the country.