Kenya’s High Court has once again ruled in favour of consumers, refusing to suspend a landmark decision that prohibits Safaricom from enforcing expiry dates on its widely used Bonga Points loyalty programme.
According to the Eastleigh Voice newspaper, the court upheld its November 2024 ruling, which declared that Safaricom’s attempt to invalidate unused Bonga Points older than three years was unconstitutional.
Justice Chacha Mwita reaffirmed the position when he ruled that Bonga Points once earned become the customers' property. “It would be inappropriate and possibly contrary to Article 2(4) of the Constitution for this court… to grant a stay,” he said.
Safaricom had asked for a temporary freeze of the ruling pending appeal, arguing that customers might irreversibly redeem older points, leaving the company unable to recover them if the appeal were to succeed.
However, Justice Mwita dismissed this, emphasising that the telco’s commercial concerns did not outweigh the need to protect economic and consumer rights.
The court’s stance followed a petition filed by Nakuru-based activist Dr MagareGikenyi, who challenged Safaricom’s October 2022 notice announcing the expiry of Bonga Points.
Gikenyi’s petition also named the Communications Authority of Kenya, the Attorney General, and included COFEK and the Law Society of Kenya as interested parties.
“This ruling is a big win for millions of Kenyan consumers. It reaffirms that corporations cannot arbitrarily take away what belongs to their customers, especially under the guise of policy changes,” said Gikenyi, speaking to The Eastleigh Voice.
The case sets a strong precedent in Kenya’s digital economy. “This judgment could reshape how loyalty programmes are managed in the tech sector, where customer data and digital value are becoming increasingly vital assets,” added Gikenyi.
Safaricom, Kenya’s largest telco, now faces the challenge of maintaining the integrity of its loyalty scheme while complying with constitutional protections.
Consumer rights advocates have praised the court’s decision as a major step forward in holding corporates accountable in the digital age.
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