NAIROBI, Kenya Apr 28 – Wiper Party leader Kalonzo Musyoka has filed a court petition seeking to stop the government from proceeding with the planned sale of its 15 percent shareholding in telecommunications firm Safaricom to South Africa’s Vodacom, terming the transaction unconstitutional and contrary to public interest.
The opposition leader wants the High Court to issue conservatory orders halting the transaction until the legality of the process is fully determined.
In his petition, Kalonzo argues that the proposed transaction violates constitutional safeguards governing the management of public resources, citing Article 209, which he says restricts the disposal of state assets without proper accountability.
He further contends that the government failed to conduct meaningful public participation as required under Article 10 of the Constitution, alleging that key stakeholders, including Parliament and citizens, were excluded from the process.
Through his lawyer Vincent Lempaa, Kalonzo claims the process leading to the proposed sale was opaque and did not meet the standards of transparency and good governance.
He argues that constitutional principles such as integrity, accountability, and public involvement were ignored, warning that the deal risks undermining public trust in the management of national assets.
Kalonzo also raises concerns over what he describes as unclear negotiations surrounding the transaction, cautioning that it could amount to the loss of public wealth.
The opposition leader says the case meets the legal threshold for conservatory orders on strong public interest considerations, protection of constitutional values and principles and risk of irreversible harm if the sale proceeds before judicial review.
He insists that allowing the transaction to proceed would render the court case meaningless if it is later found to be unconstitutional.
Kalonzo has urged the High Court to urgently intervene and preserve the current status quo while the matter is heard.
He argues that public interest must take precedence over government commercial interests, especially in transactions involving strategic national assets.
