The High Court has extended orders maintaining the status quo in a case challenging the government’s proposed sale of a 15 per cent stake in Safaricom, pending the hearing of an application for conservatory orders.
Delivering directions on behalf of a three-judge bench, Justice Francis Gikonyo said the court will hear the application within 10 days before issuing a ruling.
“We have taken the view to hear the application for conservatory orders within 10 days, consider arguments, and thereafter render a ruling. In the meantime, the status quo orders issued on March 23 are hereby extended,” he said.
The bench clarified that there are currently no formal conservatory orders in force, noting that earlier directions by Justice Lawrence Mugambi only required parties to maintain the status quo pending the empanelment of the bench.
Lawyers for the respondents told the court that it was misleading for the petitioners to suggest that conservatory orders exist, insisting that the earlier directions have since lapsed and cannot be equated to substantive relief. They further argued that the petition is not yet fully constituted, pointing out that the court had directed amendments to the case, and therefore there is no complete matter upon which to grant final orders.
The respondents also dismissed claims that the case carries overwhelming public interest, maintaining that the four petitioners cannot purport to represent millions of Kenyans. They added that there has been no evidence that Parliament acted unlawfully in approving the proposed transaction.
On the issue of parties, the court allowed the filing of an application to amend the petition to include Vodafone Kenya Limited as a respondent, but deferred determination of joinder applications until after the conservatory orders application is heard.
During the proceedings, Wiper leader Kalonzo Musyoka urged the court to extend the status quo orders, arguing that Parliament had already approved the sale effective April 1 in alleged violation of earlier court directions. He also sought to have Vodafone Kenya Limited enjoined as a party and requested leave to amend the petition.
Kalonzo highlighted Safaricom’s economic importance, describing it as a major contributor to Kenya’s GDP and a key employer, with its M-Pesa platform gaining global recognition.
The case, which challenges the National Treasury’s plan to sell part of its stake in Safaricom, will now proceed to hearing of the conservatory orders application within the timelines set by the court.
