Kalonzo Musyoka Moves to Block Planned Safaricom Stake Sale, Cites Lack of Public Participation and Constitutional Breach
According to him, these include public interest, constitutional values, and the risk of irreparable harm if the sale is allowed to proceed.
Wiper leader Kalonzo Musyoka. Photo/Courtesy
By Ruth Sang
Wiper Party leader Kalonzo Musyoka has moved to court seeking conservatory orders to stop the government from proceeding with the proposed sale of its 15 percent stake in Safaricom to Vodacom, arguing that the transaction is unconstitutional and contrary to the public interest.
In his petition, Kalonzo contends that the planned divestiture violates Article 209 of the Constitution, which governs public finance and safeguards public resources from improper disposal. He argues that the court should halt the process to preserve the status quo pending the hearing and determination of the case.
Kalonzo maintains that conservatory orders are justified because the matter raises substantial constitutional questions and involves significant public interest. He further argues that the threshold for granting such orders has been met, citing public interest, constitutional values, and the risk of irreparable harm.
“The proposed sale should be suspended through conservatory orders to preserve the status quo until the court determines the petition,” he argues.
He further faults the government for allegedly failing to conduct meaningful public participation before initiating the transaction, saying the process excluded key stakeholders, including Members of Parliament and members of the public.
According to him, public participation must be “clear, comprehensive, inclusive and genuine” as required under Article 10 of the Constitution, adding that the process did not meet these standards.
Kalonzo also claims that constitutional principles including integrity, accountability, transparency, good governance, and the rule of law were disregarded in the planning of the transaction. He describes the process as opaque and lacking public scrutiny.
He further raises concerns over what he terms as irregular negotiations surrounding the proposed sale, warning that proceeding with the transaction could amount to the diversion of public wealth and cause economic harm to millions of Safaricom users.
“The public interest in this matter outweighs any government interest. If the sale proceeds before the petition is heard, the damage would be irreversible and would render the case meaningless,” he argues.
Together with lawyer Vincent Lempaa, Kalonzo says the case presents a prima facie constitutional issue and has urged the High Court to intervene urgently to protect public resources and uphold the rule of law.
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