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[BUSINESS] · Kenya, South Africa · 10 sources

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Kenya High Court nullifies Safaricom 15% stake sale to Vodacom

The High Court of Kenya has declared the government’s sale of a 15% stake in Safaricom PLC to Vodacom Group Limited unconstitutional and null and void. A three-judge bench ruled on September 15, 2026, that the divestiture lacked meaningful public participation and transparency, noting that the government failed to adequately disclose the identity of the buyer and other material information.

The transaction, which was completed on June 30, 2026, was intended to raise approximately KSh 244.5 billion to seed the National Infrastructure Fund. The court has ordered that the shares be returned to the state. The ruling noted that the deal, when combined with other acquisitions, effectively gave Vodacom control over the telecommunications company.

In response, National Treasury Cabinet Secretary John Mbadi stated that the government will vigorously appeal the decision, maintaining that the sale followed all legal procedures and parliamentary scrutiny. Vodacom has also expressed its intention to appeal the ruling and seek a stay of enforcement. Safaricom PLC confirmed it is reviewing the judgment but will continue its operations in Kenya and Ethiopia during the legal proceedings.

Entities

Government of Kenya · High Court of Kenya · National Treasury · Safaricom plc · Vodacom Group · Vodacom Group Limited

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