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Kalonzo Musyoka on Safaricom sale case

Wiper Patriotic Front leader Kalonzo Musyoka has vowed to continue fighting the government’s proposed sale of a 15 per cent stake in Safaricom PLC to South Africa’s Vodacom, insisting the transaction threatens Kenya’s control over one of its most strategic national assets.

His remarks come days after the Court of Appeal lifted conservatory orders that had temporarily halted the multi-billion-shilling transaction, allowing the government to proceed with plans to dispose of part of its shareholding in the telecommunications giant while the substantive constitutional case remains pending.

Taking to his official X account on Monday, June 29, 2026, Kalonzo maintained that the appellate court’s decision should not be interpreted as approval of the sale.

“The Court of Appeal has now lifted the conservatory order. But the lifting of that order is not a green light. It is not judicial endorsement of the transaction. The legal battle continues, and the substantive questions of law and public interest remain squarely before the courts,” Kalonzo said.

The former Vice President argued that reducing Kenya’s shareholding in Safaricom from 35 per cent to 20 per cent would leave the state as a minority shareholder in what he described as the country’s “crown jewel” and a telecommunications asset of immense strategic, economic and national security importance.

“The proposed sale of Kenya’s 15% stake in Safaricom PLC to Vodacom would reduce the Republic to a minority shareholder in its own crown jewel, a national telecommunications asset of strategic, economic, and security significance. This we cannot and will not accept,” Kalonzo said.

He further warned potential investors against rushing to conclude the transaction before the constitutional issues raised in court are determined.

“To those who would rush to conclude this sale before those questions are answered, we say plainly: caveat emptor. Let the buyer beware.”

Kalonzo added that any deal completed before the courts pronounce themselves on the matter would remain vulnerable to legal challenge.

“Any transaction concluded in the shadow of live litigation, against the expressed opposition of the Kenyan people, and without transparent parliamentary sanction, is a transaction concluded at risk. We will pursue every lawful avenue in the courts, in Parliament, and before the people to ensure that Kenya does not surrender control of Safaricom on the altar of opaque dealmaking,” he stated.

Court lifts freeze but case continues

The Court of Appeal last week granted the government’s application to suspend High Court conservatory orders that had blocked implementation of the proposed sale pending the hearing of constitutional petitions challenging the transaction. A three-judge bench held that the government had met the legal threshold for stay orders and that public interest favoured allowing the transaction to proceed.

The appellate judges, however, emphasized that they were not determining the legality or constitutionality of the proposed sale. They also observed that if the petitioners eventually succeed, the transaction could still be reversed because the shares would remain capable of being restored to the relevant parties with appropriate remedies.

Constitutional questions remain

The dispute stems from the government’s plan to sell a 15 per cent stake in Safaricom to Vodacom Group in a transaction valued at about KSh204.3 billion. Parliament approved the partial divestiture earlier this year as part of a broader plan to raise funds for the National Infrastructure Fund and other development priorities.

However, the proposal has attracted multiple legal challenges from opposition leaders and private citizens, including Tony Gachoka, Fredrick Ogola and Kalonzo Musyoka. The petitioners argue that the transaction raises constitutional concerns relating to public participation, transparency, valuation of the shares, data sovereignty and national security. They also contend that the proposed sale price undervalues the government’s stake in Kenya’s largest listed company.

The High Court had earlier agreed that the petitions raised substantial constitutional issues warranting a full hearing and temporarily suspended the sale. While that suspension has now been lifted, the constitutional petitions themselves remain active before the courts, meaning the legality of the proposed transaction has yet to be finally determined.

If completed, the transaction would reduce the National Treasury’s shareholding in Safaricom from 35 per cent to 20 per cent while increasing Vodacom’s ownership, giving the South African telecommunications group majority control of the company.

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Vodacom Safaricom share deal

A fresh storm is brewing over a controversial Sh244 billion plan to offload the government’s stake in Safaricom PLC, with critics now accusing South Africa’s Vodacom Group of complicity in what they describe as a questionable restructuring that could alter control of Kenya’s most valuable company.

The unfolding row has triggered political, legal, and economic debate, with opponents warning that the proposed transaction could shift influence over Safaricom, and by extension its flagship mobile money platform M-Pesa, without sufficient public scrutiny.

Allegations and Political Pushback

The controversy centers on claims that a structured share transaction, reportedly valued at Sh244 billion, could dilute the government’s influence in Safaricom while strengthening Vodacom’s effective control.

Critics argue that although the deal is being framed as a financial restructuring or capital optimization strategy, its long-term implications could affect decision-making authority, dividend flows, and oversight of sensitive telecommunications infrastructure.

In a social media post on February 24, 2026, veteran journalist Tony Gachoka did not mince words: “VODACOM ENGLISH COMPANY BEING USED BY WILLIAM RUTO TO STEAL BILLIONS OF SHILLINGS FROM KENYANS, IN A SECRET DEAL WORTH 200 BILLION HAS PANICKED.” That, in a single capitalised declaration, is the Gachoka doctrine: a South African-registered, London-parentage corporate vehicle is being weaponised to siphon the birthright of ordinary Kenyans — and President William Ruto is holding the door open.

Gachoka has since filed a constitutional petition at the Milimani High Court alongside economics professor Fredrick Onyango Ogola, naming as respondents the Cabinet Secretaries for the National Treasury and for ICT, the Communications Authority, the Competition Authority, the Attorney General, Safaricom PLC itself, and Vodacom Group. The petition is a grenade rolled into the gilded machinery of Kenya’s biggest privatisation in a generation.

The Gachoka- lawyer Steve Ogola petition, filed at the Constitutional and Human Rights Division of the High Court in January 2026, reads less like a legal pleading and more like an indictment. Its central allegations are as follows:

Gross undervaluation: The petitioners contend that the KSh 34 price is a gross misrepresentation of Safaricom’s worth. Independent economic analysis places the shares’ intrinsic value at between KSh 70 and KSh 80 per share — a differential that, extrapolated across the 6 billion shares being sold, translates into a potential loss to the Kenyan public of over KSh 250 billion. The petition argues this price was “poorly and selectively negotiated by the respondents to the grave detriment of the Kenyan public.”

Opaque, non-competitive process: The sale was structured as a negotiated block trade with a single buyer — Vodacom — with no public tender, no competitive bids solicited, no disclosure of who advised the government, and no evidence that alternative buyers or structures were considered. The petition describes the process as “rushed, opaque, non-competitive and procedurally dubious.”

Constitutional violations: The petition invokes Articles 1, 10, and 227 of the Constitution — the pillars of public participation, national values, and transparency in the disposal of public property. The petitioners argue the Public Procurement and Asset Disposal Act, 2015 was bypassed, that the Privatisation Act, 2025 was not properly observed, and that Parliament’s role was reduced to a statutory rubber stamp — a 28-day window within which lawmakers must act or the deal proceeds automatically by March 26, 2026.

National security and sovereignty: Perhaps the most explosive allegation involves what Safaricom actually is — not merely a telecom company but a data sovereign, a financial artery, and a national security infrastructure. M-Pesa alone processes over 100 million transactions daily, services 38 million Kenyan customers, and forms the backbone of Kenya’s digital financial inclusion story. The petition argues that handing Vodacom 55 percent control would “irreversibly undermine Kenya’s strategic leverage over critical data infrastructure, mobile money systems and national security interests.”

On February 24, 2026 — the same day Gachoka published his explosive social media broadside — The Standard reported that Vodacom Group had filed a formal application before High Court Judge Lawrence Mugambi, asking to be struck out entirely as a respondent. The company’s argument: it is not a party to the government’s shareholding decision and exercises no control over it.

Safaricom PLC has taken a similar position, telling the court it is not the proper respondent as shareholding decisions rest with the government. Both companies, in effect, are pointing the finger at State House and the National Treasury — and asking the court to let them watch from the sidelines.

For Gachoka, this is precisely the tell. In his social media post, he claimed Vodacom was “trying to pull out“ and attributed this to fears of being linked to the kind of corruption scandals that have followed UK-connected corporate deals in Kenya’s recent past. Whether or not the legal manoeuvre amounts to a retreat under fire — or merely a legitimate procedural point — it has given Gachoka fresh ammunition to fire across every social media platform available to him.

Government’s Position

The National Treasury has previously defended proposals to restructure or divest certain state assets as part of a broader fiscal consolidation strategy aimed at easing public debt pressure and raising capital for development priorities.

Officials maintain that any transaction involving Safaricom would comply with the Capital Markets Authority (CMA) regulations, Nairobi Securities Exchange listing rules, and shareholder approval requirements.

However, critics insist that transparency must go beyond regulatory minimums given Safaricom’s central role in Kenya’s economy.

Vodacom’s Role Under Scrutiny

Vodacom, which already holds a significant stake in Safaricom alongside the Government of Kenya and public shareholders, has now been drawn into the controversy.

Accusers claim that the structure of the proposed transaction could disproportionately benefit Vodacom, potentially consolidating its strategic leverage over Safaricom’s operations and cross-border M-Pesa expansion.

Neither Safaricom nor Vodacom had publicly admitted wrongdoing at the time of publication. Insiders within corporate circles describe the accusations as politically charged and lacking documentary proof.

Market analysts caution that public rhetoric could unsettle investor confidence if not addressed promptly and clearly.

Market Reaction and Investor Concerns

Safaricom is one of the largest counters on the Nairobi Securities Exchange, with millions of Kenyans holding shares directly or indirectly through pension funds and investment schemes.

Any perception of governance instability could trigger volatility in the stock, analysts warn.

“Investors are watching closely. The issue isn’t just control — it’s predictability and regulatory certainty,” said a Nairobi-based investment advisor.

The company’s dominance in mobile money, connectivity, and enterprise solutions makes it a cornerstone of Kenya’s digital infrastructure. As such, changes in ownership dynamics carry broader economic implications.

Legal and Regulatory Outlook

Lawyers familiar with capital markets law note that allegations of “complicity” would require substantial evidence to sustain any formal legal challenge. For now, the dispute appears to be unfolding in the court of public opinion rather than in a courtroom.

Still, petitions or injunction applications cannot be ruled out if political pressure intensifies.

What Next?

The controversy comes at a time when the government is under pressure to manage public debt while preserving strategic national assets.

With Safaricom’s dividends forming a significant revenue stream for the state, the political sensitivity of the Sh244 billion figure is unlikely to fade quickly.

As calls for disclosure grow louder, the key question remains whether the proposed share deal represents a prudent fiscal strategy — or a restructuring that could permanently reshape control of Kenya’s digital giant.

For now, the accusations against Vodacom remain claims awaiting substantiation, but the political and market tremors they have sparked are already being felt across Kenya’s corporate and financial landscape.

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