Kenya’s top telecom operators, Safaricom, Airtel, and Telkom, are facing legal heat over what an ICT lawyer describes as outdated practices in the handling of mobile data bundles.
In a move that could change Kenya’s telecom policies, lawyer and ICT practitioner Adrian Kamotho has dragged the three telcos to the Communications and Multimedia Appeals Tribunal, alongside the Communications Authority of Kenya (CA).
Kamotho’s petition challenges the long-standing practice of data bundle expiry, automatic out-of-bundle charging, and the lack of user control over their purchased data.
At the heart of his argument is that these practices not only shortchange consumers but also go against global trends aimed at protecting digital rights and fairness in service delivery.
“An order directing the respondents to enable active subscribers to roll over unused data at all times,” Kamotho states in the petition.
In addition to pushing for mandatory data rollover, Kamotho also seeks the following directives from the tribunal:
- Subscribers should be allowed to transfer unused data to other users within the same network.
- Telcos must issue data usage alerts at 75%, 50%, 25%, and 0% thresholds.
- Out-of-bundle billing should only occur with explicit user consent to prevent unexpected deductions from airtime balances.
Inspiration From Ghana and South Africa
Kamotho’s petition arrives shortly after progressive policy changes in other African countries. In October 2019, Ghana ordered all mobile operators, including MTN, Vodafone, AirtelTigo, and Glo, to stop data and voice bundle expiry.
The directive required unused bundles to roll over automatically with the next recharge.
Similarly, South Africa’s telecom regulator introduced consumer-centric reforms in early 2024, banning out-of-bundle charges unless users opt in and enforcing data rollover mechanisms.
These shifts have prompted Kenyan consumers and digital rights advocates to call for similar reforms locally.
The inclusion of the Communications Authority (CA) in the lawsuit signals growing frustration with regulators’ failure to proactively address telecom complaints.
Kamotho accuses the CA of neglecting its duty to enforce existing consumer protection standards, particularly those that promote transparency, fair billing, and equitable access to digital services.
If the tribunal rules in Kamotho’s favor, it could bring in a new era of consumer-friendly mobile services in Kenya, including:
- The elimination of arbitrary data expiry policies;
- Greater flexibility and sharing options for mobile data;
- Reduced incidence of surprise charges;
- More accountability from both telecoms and regulators.
