Safaricom has hit a legal wall after the High Court dismissed its latest attempt to revive its Bonga Points expiry policy.
Yesterday, Justice Chacha Mwita of the High Court in Nairobi declined to lift an earlier ruling that blocked Safaricom from expiring Bonga Points that are more than three years old.
Safaricom had filed an application for a temporary stay of the 2024 judgment, arguing that if customers were allowed to continue redeeming older points while an appeal was still pending, the company would suffer irrecoverable financial losses.
However, the judge firmly rejected this plea: “Permitting a stay would mean enabling an unconstitutional act to continue. That would be contrary to the spirit and letter of Article 2(4) of the Constitution,” Justice Mwita ruled.
The court reaffirmed that Bonga Points, once earned, are customer-owned property protected under the law and therefore cannot be withdrawn or made to expire at the company’s discretion.
The Controversial Bonga Points Expiry Policy
Safaricom first introduced the expiry policy in October 2022, stating that any unused Bonga Points older than three years would start expiring from January 2023.
The telco also restricted redemption options, blocking users from using their points on airtime or data bundles.
This move triggered backlash from customers and rights groups like COFEK (Consumers Federation of Kenya), who accused Safaricom of changing the rules unfairly and stripping users of earned value. In response, Benard Kitur, a concerned customer, took the matter to court.
In November 2024, the High Court ruled that Safaricom’s Bonga Points expiry policy was unconstitutional, null, and void. The court emphasized that Bonga Points are a contractual benefit owed to customers.
Legal and Public Reactions
The court’s recent refusal to stay the ruling has been met with praise from consumer advocates and the public.
“What we’re witnessing is a shift. Consumers are no longer passive; there’s now legal backing to demand fairness in the digital space,” said a COFEK spokesperson.
For Safaricom customers, this ruling means that none of your Bonga Points will expire, no matter how long you’ve had them. Safaricom is also not allowed to change how you use your points, so you can continue redeeming them for things like airtime and data bundles.
