Court of Appeal to rule on bid to lift orders blocking Ksh.205B Safaricom share sale

The Court of Appeal will deliver its ruling on June 26, 2026 on an application by the State seeking to overturn the High Court’s conservatory orders that have blocked the Ksh.205 billion government Safaricom stake sale.

Petitioners had raised concerns over a last-minute change of the hearing date from June 29 to June 18, saying some parties were not properly served.

They also questioned the transparency of the process, alleging an attempt to lift the orders and allow the sale to proceed before the High Court’s final determination on June 26. They said they will move to the Supreme Court if the Court of Appeal lifts the orders.

Petitioner Tony Gachoka’s lead lawyer Kalonzo Musyoka on April 27 asked the court to issue orders to stop the government from selling its 15 per cent stake in Safaricom to Vodacom, arguing that the planned transaction is unconstitutional and threatens public interest.

Kalonzo argued that the proposed sale contravenes Article 209 of the Constitution, which limits revenue measures and protects public resources from irregular disposal.

He claimed that the transaction should be halted through conservatory orders to preserve the status quo until the court fully hears and determines the petition challenging the process.

Kalonzo argued that conservatory orders are constitutional remedies granted based on the inherent merit of a case, especially where public interest is involved, and insisted that all the three required thresholds were met.

According to him, these include public interest, constitutional values, and the risk of irreparable harm if the sale is allowed to proceed.

He faulted the government for allegedly failing to conduct genuine public participation before initiating the planned sale, saying the process lacked transparency and excluded key stakeholders, including Members of Parliament and ordinary Kenyans.