A Kenyan lobby group has filed a lawsuit against Kenya’s leading telco Safaricom, the regulator the Communications Authority of Kenya (CA), and Kenya’s Competition Authority over Starlink.
The advocacy group Kituo cha Sheria has filed a lawsuit seeking to compel three entities to grant access to Elon Musk’s satellite internet service, Starlink, for Kenyans.
These developments come just weeks after Safaricom expressed concerns over Starrlink’s entry into the Kenyan market.
In a letter to CA Safaricom urged CA to exercise caution while granting independent licenses to satellite internet service providers. The telco had requested the regulator consider mandating satellite internet providers like Starlink to work together with local mobile network operators.
“Satellite coverage inherently extends to multiple territorial borders and, in doing so, has the potential to illegally provide services and cause harmful interference within the territorial borders of the Republic of Kenya,” Safaricom said in the letter.
Safaricom also stated that requiring satellite internet service providers to collaborate with local mobile operators rather than grant them independent operating licenses would “promote innovation while avoiding potential damage.”
CA acknowledged that Safaricom was indeed justified in raising concerns about the licensing of independent satellite providers, including Starlink
Kituo Cha Sheria, under the leadership of Dr. Annette Mbogoh, however, argues that the request by Safaricom would prevent Kenyans from accessing faster internet speeds and would keep internet costs high.
“The allegations in the first respondent’s letter dated July 5, 2024, remain unsubstantiated as it is a competitor and lacks independent and objective judgment. The first respondent is directly prejudiced by their market dominance and is likely to be apprehensive about the entry of any other big players into the market,” said Dr. Mbogoh.
The lobby group is requesting a court ruling declaring Safaricom’s letter to CA unconstitutional, asserting that access to the internet is a fundamental socio-economic right. They are also urging the court to issue a permanent injunction preventing the CA from taking any action against SpaceX or restricting its devices in the Kenyan market.
Last month, Starlink introduced competitive price options and plans that even allowed Kenyans to rent its equipment without having to purchase the full package.
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