Gov't appeals ruling declaring Safaricom shares sale null and void

Giving the government's position on the court verdict, National Treasury Cabinet Secretary John Mbadi said the government disagreed with the decision, maintaining that the partial divestiture of the government's 15 per cent shareholding in Safaricom PLC was above board.

The legal battle pitting civil society groups and the opposition against the government over the sale of the 15 per cent Safaricom shares to Vodafone Kenya Limited, effectively Vodacom Group Limited, now moves to the Court of Appeal.

This follows the formal filing of a Notice of Appeal by Attorney General Dorcas Oduor, signalling the government's intention to challenge the High Court ruling that declared the Safaricom shares sale null and void.

The notice reads:

“Take notice that, the Honourable Attorney General, the 5th Respondent herein, being dissatisfied with the judgment of the Court and orders of Honourable Lady Justice R. E. Aburili, Hon. Justice Francis Gikonyo and Hon. Lady Justice Ouya Tabitha Wanyama given at Nairobi on the 15th day of September, 2026, intend to appeal at the Court of Appeal against a part of the said decision,” the notice states.

Similar dissatisfaction was expressed by National Treasury Cabinet Secretary John Mbadi.

While confirming that the government will challenge the three-judge bench decision, Mbadi insisted that the proposed partial divestiture of the government's 15 per cent shareholding in Safaricom PLC followed due process.

“We do not accept that the safeguards built into this transaction, including the protections extended to Safaricom's employees, dealers and business partners, amounted to the constitutional and procedural failures as the court has asserted, and we intend to make that case fully on appeal,” Mbadi stated.

The CS maintained that the sale was in line with prudent financial management and was coherent with the nation's fiscal realities, adding that the government would use the appropriate legal channels to seek a judicial review.

“The National Treasury will pursue this appeal vigorously and provide further updates as the matter progresses through the courts,” Mbadi stated.

The National Treasury reiterated that the right to development must be balanced alongside every other obligation the Constitution places on the State and should not be set against it.

Safaricom, on its part, said the transaction had been completed on June 30, 2026, following the lifting of conservatory orders by the Court of Appeal.

The mobile service provider said it would continue offering its services in Kenya and Ethiopia, noting that the matter remains subject to ongoing legal processes.