High Court Certifies Cofek Case of Halting Mobile Virtual Network Operators From Taking Off As Urgent



The Kenya High Court has today certified the Consumer Federation of Kenya (COFEK) case of halting the roll out of three Mobile Virtual Network Operators licenses as urgent and has scheduled the hearing for June 26, 2014.

Lady Justice Mumbi Ngugi has directed Cofek lawyers to serve the respondents including Communications Authority of Kenya, Attorney General and the three MVNO’s.

The stirrup came about prior to the launch of Equity Bank’s mobile network operator, in which, the Consumer Federation of Kenya (COFEK) had asked the Communication Authority of Kenya (CAK) director that the mobile operators entering the market should not be granted MVNO (Mobile Virtual Network Operator) licenses.

Earlier on, a letter addressed to the CAK director and ICT Cabinet Secretary Dr. Fred Matiang’i, COFEK raised concerns that at the opaque license issuance process had lack of consumer sensitization on the MVNOs, lack of public participation, competition, lack of specific guidelines and required Kenya Gazette Notice of the guidelines as well as intended licensing.

Since concerns were neither met nor clarified before 6 June, COFEK has finally taken the matter to court requesting the authority to suspend the licenses and launching of the MVNOs.

Thus far, while the Communications Authority of Kenya is yet to reply the COFEK inquiry and notice over the same dated May 29, 2014, Finserve Limited which is the fifth Respondent of one of the MVNO’s has sent its lawer to Court.

For details on COFEK pleadings posted on its website, click here.