Safaricom has called on the High Court to reject an application to freeze the government’s planned sale of its shares in the telco. The company argues that the transaction follows the law and remains under strict regulatory watch, making temporary court orders unnecessary.
Represented by its legal team, the firm warned that pausing the sale now would rattle the market and damage investor confidence. Safaricom maintains that the situation is a commercial matter already being reviewed by the proper authorities.
The company also pointed out that Parliament must still fulfill its constitutional role, as the National Assembly – currently on recess – has yet to give its final approval. Safaricom further assured the court that the public has already been consulted and that the deal will not lead to any job losses.
Lawyer Andrew Musangi argued that the process requires several regulatory approvals beyond just Parliament. He also dismissed claims that the deal would endanger data security.
He told the court that the potential investors are legitimate stakeholders rather than “guests” and pointed out that no evidence has been provided to show any real threat.
“How do they suddenly come under threat now? You have not been told where the threats are from,” Musangi argued.
Safaricom also dismissed concerns that the sale would damage its local identity, maintaining that it remains a Kenyan company at its core.
The firm’s lawyers warned the court against issuing orders that might effectively decide the case too early. They urged the judge to allow the petitioners to present their full evidence during the main hearing instead. Additionally, they argued that the petitioners failed to provide enough proof to justify a “freeze” on the sale, calling the application an attempt to trick the court into stopping the deal without facts.
The attorney general also opposed the request, clarifying that the sale has not yet started and remains in its earliest stages.
On the other hand, petitioners represented by senior counsel Kalonzo Musyoka and lawyer Lempaa Suyiaka asked the court to maintain the current situation. They warned that moving forward with the deal would make their legal challenge pointless and result in the loss of what they call “sovereign assets.”
“We are asking for the court to give out conservatory orders to stop the government from selling the safaricom sell shares,” they submitted.
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