A Nakuru based Kenyan medic has sued telecommunications giant, Safaricom PLC over the controversial expiry directive of Bonga Points loyalty scheme estimated to be worth Sh4.5billion amongst 40million Safaricom subscribers.
In a suit filed at Milimani High Court in Nairobi before justice Mugure Thande, Dr. Magare Gikenyi J. Benjamin accuse the telco for allegedly violating Articles 3,10,19,20,46,47 of the Kenyan constitution for what he termed as “forced and backdated redemption of Bonga Points and introduction of expiry dates.”
“It is hereby ordered that: The eptition and application which have been filed at the very last minute be served upon all parties by January 16, 2023. That the responses be filed and served by January 30, 2023. That the matter be mentioned on March 6, 2023 for directions.” An order dated December 30, 2022 issued by justice Thande reads in part.
Magare has sued Safaricom as the first respondent, Communications Authority of Kenya (CAK) and the office of the Attorney General as the second and third respondents respectively.
The Consumers Federation of Kenya (Cofek) and the Law Society of Kenya (LSK) have been cited as first and second interested parties respectively.
“Considering the verse geographical background of Kenya, high illiteracy levels in some parts of the country, lack of internet in some areas, and many other factors, many Kenyans with suffer due to poor administrative action of the respondents.
That unless this honourable courts suspends this irregular and illegal implementation of administrative action being undertaken by the 1st respondent, pending determination of this suit then more than 40millions Safaricom subscribers (Kenyan citizens) will suffer irreparable harm.” Magare says in his affidavit.
Through documents filed in court, the Trauma and General Surgeon consultant says that “this action of the respondents will lead to inter alia loss of public confidence and outright abuse of business dominance to the detriment of many poor Kenyans Safaricom subscribers in the county.” The petitioner says.
Through its official website, Safaricom announced that effective January 1, 2023, all Bonga Points older than three years will expire and will be unavailable for redemption.
The matter will be mentioned on March 6, 2023.
