Safaricom ordered to pay businessman Ksh.1.4B over USSD infringement

In the judgment, the court held that the award was meant to compensate for negligence and Safaricom’s continued use of the product.

The judge further directed Safaricom to pay the businessman royalties amounting to 0.5 per cent of M-Pesa revenue for every financial year beginning March 31, 2025, for as long as the service or any similar platform remains in operation.

The court declined to issue a permanent injunction against the telecom giant, stating that future royalty payments would be more appropriate.

The judge noted that corporations should know that innovation does not only originate from corporate boardrooms and warned that when a proposal is received and rejected, companies must ensure that any internally developed products are genuinely independent.

The court further faulted Safaricom for failing to produce critical documents during the proceedings and said the company’s conduct fell short of the standards expected from a market leader.

A declaration was also issued stating that Safaricom violated the petitioner’s rights under the Copyright Act and affirmed that the businessman is the rightful owner of the MTIN Mobile Wallet USSD code.