Safaricom subscribers of Bonga Point are safe for now after the High Court quashed the telco’s expiry policy. On 28th October 2022, Safaricom PLC publicly announced via its website and other media channels, that all Bonga Points accumulated more than three years prior would expire on January 1, 2023, and could no longer be redeemed.
In the notice, Safaricom stated, ” Effective 1st January 2023, all Bonga Points older than three (3) years will expire and will be unavailable for redemption. Your Bonga points will also expire immediately in the event that your line has been deleted as a result of inactivity and in accordance with the Terms and Conditions for the use of the Safaricom service”
This led Dr Magare Gikenyi J Benjamin to file a petition at the High Court’s Constitutional and Human Rights division located at Milimani Law Courts, Nairobi. Safaricom PLC was named as the first respondent while the Communications Authority of Kenya (CA) was the second respondent.
In the petition, Dr Magare Benjamin argued that the notice of Bonga Points expiry was a public ambush, threatening millions of Safaricom’s subscribers with the loss of billions of shillings. Secondly, Dr Benjamin highlighted the disproportionate impact on many Kenyans due to geographical challenges, illiteracy, and limited internet access.
Crucially, the petitioner asserted that Safaricom introducing expiry dates without consulting subscribers breached their legitimate expectations, the respondent’s duty of care, and, by denying them a hearing, their rights under Article 47 of the Constitution. The lack of consultation rendered the action arbitrary and irrational, disregarding the wishes of the majority of subscribers.
Read: Parliament is Not Having It About Bonga Points and Data Expiry
No Bonga Points Expiry
In a ruling delivered on the 22nd of November 2024 by Judge, E C Mwita, the court agreed with the petitioner stating, “Once Bonga points are awarded, the points become the customers’ property and Safaricom PLC ceases to have any rights over them. Safaricom PLC has no right to change or introduce new terms on the points already earned.”
The petitioner asserted that subscribers’ loyalty and accumulated Bonga Points constituted a vested economic interest, entitling them to redeem the points at their convenience without risk of expiry.
Bonga loyalty program has been around for more than one decade and a half. It allows customers to accrue units of Points. One Bonga Point is an equivalent of KES 10 used on the Safaricom network.
Safaricom is now prohibited from implementing the October 28th, 2022, notice regarding expiry dates on Bonga Points and related non-merchandise redemptions (SMS, minutes, and mobile data) for points older than three years.
