The rivalry between Kenyan telecommunications giant Safaricom and American satellite internet firm Starlink has taken a new twist following an application by another company which has sought to join a case involving Safaricom.
In the case, Safaricom had been taken to court after Kituo cha Sheria filed a petition in which it was seeking to stop the industry regulator from blocking Starlink from entering the Kenyan market by providing satellite internet services.
Goodweek Inter-Services limited on the other hand has filed an application to be enjoined in the case filed by Kituo Cha Sheria as an interested party.
The application seen by The Kenya Times which has been filed at the Milimani High Court enjoins Safaricom PLC, Vodafone Group PLC, Vodafone Kenya Limited, and Mobitelea Ventures Limited as respondents, after the court earlier directed Goodweek Inter-Services Ltd, to file it.
“Take Notice, that a Petition has been filed by the Petitioner against yourselves jointly and severally in the High Court of Kenya, Constitutional Human Rights Division at Milimani High Court Nairobi, CASE NO NBI HCCHRPET NO E299 OF 2024. Service of on you has been ordered by the Court, by means of this Advertisement,” reads the application.
The court further directed that if the respondents wish to dispute the petitioner’s claim against them, they must appear within 15 days after service of the notice which was advertised on October 1, inclusive of the day of advertisement.
Goodweek Inter-Services limited files to join case against Safaricom
Failure to dispute it be taken that the respondents have admitted the petitioner’s claim against them, and they will be bound by the judgment given in the said petition.
Also Read: New Twist in Safaricom vs Starlink Rivalry as CEO Hints at Partnership
Goodweek Inter-Services limited filed the application following a directive by the court in a bid to fast-track the hearing of the petition by Kituo Cha Sheria which seeking to clear the way for the entry of Starlink into the Kenyan market, by providing satellite internet services.
Appearing before Justice Lawrence Mugambi September 24, Kituo Cha Sheria and other parties in the case including Safaricom and Communications Authority of Kenya (CA) also agreed to drop preliminary issues, to speed up the hearing of the matter.
Kituo Cha Sheria had initially sought court orders to restrain CA and Competition Authority of Kenya (CAK) from taking any actions that may be prejudicial to the consumers of US billionaire Elon Musk’s Starlink.
“The preliminary objection and interlocutory application are hereby compromised in favor of the main petition,” ruled Justice Mugambi as he directed the parties to file the responses and submissions ahead of the hearing on November 25.
CA through lawyer Kilonzo Wambua submitted that the matter was of great public importance and the court should guide the process by going to the main case.
Starlink and other satellite internet services in Kenya
In the main case, Kituo cha Sheria wants the court to issue an order directing CAK and CA and any other relevant industry regulators to carry out a comprehensive scientific inquiry and study on the best practice across the world on the regulation of Satellite Internet Services, before passing any laws and regulations on the same.
Also Read: Elon Musk, Safaricom Rivalry Intensifies as Starlink Introduces Cheaper Kit After Ruto Declaration
The organization said the study should not be influenced by mobile network operators or any other industry players.
Further, it said the internet is increasingly being recognized as a fundamental socio- economic right, as it plays a pivotal role in enabling individuals to access essential services, participate in the global economy, and exercise their freedoms.
“As societies become more digitally interconnected, access to the internet is crucial for educational opportunities, healthcare information, job prospects, and civic engagement,” the NGO’s executive director Annette Mbogoh said.
Partnership
The American company backed by the world’s richest person is betting on lowering internet costs in a sector dominated by Safaricom.
Safaricom Plc Chief Executive Officer Peter Ndegwa on September 26 during an interview in the United States said that the company is in talks with Starlink and other satellite providers on potential future partnerships.
Ndegwa also responded to a letter which the company sent to the CA back in July requesting that foreign satellite providers be required to take local telecommunications operators as partners when doing business in Kenya to boost investment and employment and comply with local laws.
He highlighted that the company wasn’t trying to hinder Starlink, but rather asking regulators for a level playing field.
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