Kenya’s largest mobile operators—Safaricom, Airtel, and Telkom—are facing a landmark legal challenge over their data bundle policies in a case that could transform how mobile data services are regulated and delivered in the country.
The petition, filed by ICT lawyer Adrian Kamotho with the Communications and Multimedia Appeals Tribunal, accuses the telecom giants of exploiting consumers through unfair practices such as data expiry, automatic out-of-bundle charges, and lack of transparency in billing.
Kamotho is calling for sweeping reforms, including mandatory data rollover, user-controlled data sharing within networks, and real-time usage alerts. He also wants telcos to obtain explicit user consent before any out-of-bundle billing occurs.
“Kenyan consumers deserve transparency and control over their mobile data,” Kamotho argued in his filing. “Current practices penalise users and reflect a disregard for fair usage principles.”
The petition strikes at long-standing frustrations among Kenyan mobile users, who frequently complain about data bundles vanishing prematurely and being charged extra without clear warnings. Many subscribers have voiced concerns over the opacity of billing structures and lack of recourse when problems occur.
Kamotho also criticises the Communications Authority of Kenya (CA) for what he calls regulatory negligence. He claims the CA has failed to adequately protect consumers, allowing telcos to enforce practices that undermine user rights and trust.
This legal push comes on the heels of growing public outcry and recent parliamentary scrutiny. In late 2024, Members of Parliament grilled CA officials over the lack of regulations to prevent unfair data expirations and poor service delivery. Lawmakers demanded more robust policies, including compensation mechanisms for affected users.
Kamotho’s petition aligns with wider reforms taking place across Africa. In Ghana, a 2019 policy mandates that unused mobile data automatically rolls over with every top-up, eliminating expiry dates entirely. South Africa followed suit in 2024, banning out-of-bundle billing unless users explicitly opt in.
If Kenya’s tribunal rules in favour of Kamotho’s petition, it could usher in major changes to the telecom landscape, including:
- No more data expiry: Unused bundles would roll over by default.
- No surprise charges: Telcos would need user consent before applying out-of-bundle charges.
- Real-time alerts: Users would receive timely notifications when data thresholds are reached.
- Data sharing: Consumers could transfer unused data to others within the same network.
Consumer rights groups and civil society organisations have applauded the legal action, calling it a necessary move to check telecom practices that have gone unchallenged for years.
“This is about fairness and value for money,” said a spokesperson for a leading consumer watchdog. “Telcos shouldn’t profit from expired bundles or silent deductions. The public deserves better.”
