The ongoing dispute over internet access and affordability in Kenya has escalated to the judiciary. Kituo cha Sheria, a prominent advocacy group, has taken legal action against mobile services provider Safaricom, the Communication Authority of Kenya (CA), and the Competition Authority of Kenya, seeking to clear the way for Starlink, a satellite internet service by Elon Musk’s SpaceX, to enter the Kenyan market.
Safaricom had previously approached the CA, urging that SpaceX be required to collaborate with local internet providers. Kituo cha Sheria, led by Dr. Annette Mbogoh, argues that this move would prevent Kenyans from benefiting from faster internet speeds and would keep them burdened with high costs for internet access.
High Court Judge Chacha Mwita was informed that Safaricom’s concern about SpaceX stems from its potential to disrupt the market with lower pricing. Kituo cha Sheria highlighted that Safaricom charges Sh 6,000 for internet access, whereas Starlink offers 50GB of data for Sh 1,800.
“The allegations in the first respondent’s letter dated July 5, 2024, are unsubstantiated and reflect a competitor’s biased stance. Safaricom’s market dominance makes it apprehensive about the entry of significant new players like SpaceX,” said Dr. Mbogoh.
Kituo cha Sheria is represented by Marc Chirchir, Ahmed Sigat, Abdul Maalim, and Nelius Njuguna. They contend that barring Starlink would force Kenyan internet users to continue with slower and more expensive services.
The court learned that SpaceX began deploying its Starlink satellites as part of a global initiative to create a widespread, high-speed internet network. Although satellite technology has been around for some time, commercializing it for residential use represents a new and rapidly growing market trend.
Kituo cha Sheria is seeking a court ruling that declares Safaricom’s letter unconstitutional. They also request that the court recognize internet access as a socio-economic right and issue a permanent injunction preventing the CA from obstructing SpaceX’s entry into the Kenyan market.
