The government has moved to challenge a High Court ruling that declared null and void the sale of its 15 per cent shareholding in Safaricom PLC.
Attorney General Dorcas Oduor has formally filed a Notice of Appeal, signalling the government’s intention to contest the decision delivered by a three-judge bench on September 15, 2026.
The notice names the Attorney General as the fifth respondent and states that the office intends to appeal against part of the decision by Justice R. E. Aburili, Justice Francis Gikonyo and Justice Tabitha Wanyama.
The legal dispute, pitting civil society groups and opposition actors against the government, concerns the partial divestiture of the state’s stake in Safaricom to Vodafone Kenya Limited, effectively Vodacom Group Limited.
National Treasury Cabinet Secretary John Mbadi confirmed that the government disagreed with the ruling, maintaining that the transaction had complied with constitutional and procedural requirements.
“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 said.
The CS said the partial divestiture was undertaken in line with prudent financial management and the country’s fiscal realities.
“The National Treasury will pursue this appeal vigorously and provide further updates as the matter progresses through the courts,” he added.
Mbadi further said the government would use the appropriate legal channels to challenge the judgment, stressing that the right to development must be balanced with the other obligations placed on the State by the Constitution.
Safaricom said the transaction had been completed on June 30, 2026, following the lifting of conservatory orders by the Court of Appeal.
The company said it would continue providing mobile and other services in Kenya and Ethiopia, noting that the matter remains subject to ongoing legal proceedings.
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