Wiper leader Kalonzo Musyoka has welcomed the High Court decision nullifying the government’s sale of a 15 per cent stake in Safaricom to Vodacom, describing the ruling as a victory for Kenyans.
The decision came after a three-judge bench found that the multibillion-shilling divestiture violated constitutional and legal requirements, including meaningful public participation and transparency in the disposal of a major public asset.
The court ordered the 15 per cent stake to be restored to the Government of Kenya on behalf of the people.
Kalonzo, who was among those challenging the transaction, has argued that the sale raised serious questions over the protection of public assets and the process followed by the government.
The Wiper leader had previously criticised the decision to proceed with the transaction while the legal challenge was still before the courts.
“We are deeply concerned that the National Treasury has proceeded to complete the sale of the government’s 15 per cent stake in Safaricom while our substantive constitutional petition remains pending before the High Court,” Kalonzo said.
He also questioned the urgency with which the transaction was concluded.
“The High Court is expected to pronounce itself within the next two weeks. One wonders why there was such a rush to conclude the sale before the court could issue its ruling,” he stated.
The High Court has now ruled that the divestiture was unconstitutional and unlawful.
In its judgment, the three-judge bench said the transaction had been presented to Cabinet and Parliament as a share sale but, in its assessment, effectively amounted to a merger, acquisition and takeover that gave Vodacom effective control of Safaricom.
The judges also faulted the government for what they described as the concealment or misrepresentation of material information about the transaction, including information concerning the proposed purchaser. They further found that adequate public participation had not been undertaken before the sale was approved.
The court declared the transaction “invalid, null and void” and quashed decisions and approvals connected to the divestiture.
The government had sold the 15 per cent stake to Vodacom for Sh204.3 billion, with the transaction completed in June 2026.
Kalonzo has previously questioned the valuation and transparency surrounding the deal.
“We maintain that this sale was undervalued, opaque, rushed and constitutionally suspect,” he said.
Kalonzo on public assets
He also challenged the decision to exchange a long-term government interest in Safaricom for an immediate payment.
“Kenyans deserve an explanation as to why the government chose to surrender billions in future public income for a one-off payment equivalent to only a few years of dividend returns,” Kalonzo said.
The court ruling, however, is not the end of the dispute.
Treasury Cabinet Secretary John Mbadi said on Wednesday that the government will appeal the decision, setting the stage for another legal battle over the ownership of the 15 per cent stake.
The government has maintained that the transaction followed the required approval processes, including parliamentary consideration and public participation hearings.
For now, the High Court order requires the shares to return to State ownership, pending the outcome of any appeal.
The dispute has placed the ownership and control of Safaricom, one of Kenya’s most strategically important companies, at the centre of a fresh legal and political contest.
For Kalonzo, however, Tuesday’s judgment represents an important test of how the State handles public assets and the constitutional safeguards surrounding their disposal.
“This is a victory for Kenyans,” he said.
