Keypoints:
- Lawyer sues telecoms over data expiry and hidden charges
- Petition demands rollover, consent-based billing
- Case could reshape Kenya’s telecom regulations
KENYA leading mobile operators—Safaricom, Airtel, and Telkom—are facing a landmark legal challenge over controversial data bundle policies that critics say short-change consumers.
ICT lawyer Adrian Kamotho has filed a petition with the Communications and Multimedia Appeals Tribunal, accusing the firms of exploiting users through data expiry, automatic out-of-bundle charges, and unclear billing structures.
Kamotho argues that these practices are outdated, unfair, and out of step with global norms. He is seeking reforms that would force telcos to introduce mandatory data rollover, enable data transfers within networks, and require explicit user consent before any out-of-bundle billing occurs.
Petition calls for urgent telecom reforms
Kamotho’s demands include timely usage alerts when users hit key data thresholds—tools he says would help people manage their consumption and avoid surprise charges.
‘Kenyan consumers deserve transparency and control over their mobile data,’ Kamotho stated in the filing. ‘Current practices penalise users and reflect a disregard for fair usage principles.’
The case taps into growing public frustration over vanishing data balances and hidden fees that erode trust in telecom services. Many subscribers have long complained that their paid bundles disappear before use, with little explanation or recourse.
Regulator under scrutiny for lack of action
The petition also takes aim at the Communications Authority of Kenya (CA), accusing it of failing in its regulatory role to protect consumers.
Kamotho says the CA has allowed telecom operators to enforce policies that violate basic consumer rights and has done little to investigate or penalise such behaviour.
In November 2024, Kenyan MPs grilled CA officials over their oversight of data expirations and service outages. Lawmakers criticised the lack of compensation policies for affected users and demanded tougher standards to prevent premature data losses.
African nations leading consumer-friendly reforms
Kamotho’s push mirrors recent reforms across Africa aimed at protecting mobile data users. In Ghana, telecom regulators introduced a policy in 2019 requiring unused data to automatically roll over with every top-up—eliminating expiry dates altogether.
South Africa’s regulator ICASA followed suit in 2024, banning out-of-bundle billing unless users opt in and enforcing strict rollover requirements.
These moves have been celebrated as victories for transparency and consumer rights—reforms Kamotho says Kenya must urgently adopt.
Potential for sweeping regulatory change
If the tribunal rules in favour of the petition, it could force sweeping changes in how telcos operate across Kenya.
Among possible outcomes:
- No more data expiry: Unused bundles would carry forward by default
- End to surprise billing: Out-of-bundle charges would require prior consent
- Better alerts: Real-time data usage notifications mandated
- Data sharing: Users could transfer unused data to others on the same network
Such reforms could significantly improve transparency and restore consumer confidence in the telecom sector.
Public demands accountability and fairness
The case is already fuelling a wider conversation about digital rights in Kenya. Civil society groups and consumer advocates have applauded the lawsuit, calling it a long-overdue check on unchecked corporate practices.
‘This is about fairness and value for money,’ said one consumer watchdog. ‘Telcos shouldn’t profit from expired bundles or silent deductions. The public deserves better.’
The Communications and Multimedia Appeals Tribunal has yet to set a hearing date, but with public pressure building, Kenya’s telecom regulators and operators may soon be forced to answer tough questions.
