A Kenyan advocacy group, Kituo cha Sheria, has filed a lawsuit against Safaricom, the Communications Authority of Kenya (CA), and the Kenya Competition Authority. The group seeks to compel the three entities to grant access to Elon Musk’s satellite internet service, Starlink, for Kenyans.

Safaricom’s Concerns Over Starlink

The legal action comes just weeks after Safaricom raised concerns about Starlink’s entry into the Kenyan market. In a letter to the CA, Safaricom urged caution when granting independent licenses to satellite internet providers. The telco suggested that satellite providers like Starlink should be required to collaborate with local mobile network operators to avoid service overlap and potential interference within Kenya’s borders.

Safaricom argued that mandating such collaboration would promote innovation while preventing possible disruptions to existing services.

CA’s Response to Safaricom’s Letter

The CA acknowledged Safaricom’s concerns, agreeing that licensing independent satellite providers, including Starlink, required careful consideration. Safaricom’s request for regulatory caution was seen as an effort to protect its market share and ensure compliance with national regulations.

Kituo Cha Sheria’s Legal Argument

Kituo Cha Sheria, led by Dr. Annette Mbogoh, contends that Safaricom’s opposition to Starlink is an attempt to stifle competition and keep internet costs high for Kenyans. The group argues that Safaricom’s concerns are unfounded and motivated by its dominant market position.

“The allegations in the first respondent’s letter remain unsubstantiated as it is a competitor and lacks independent and objective judgment,” said Dr. Mbogoh. She further argued that Safaricom’s dominance could hinder the entry of new players into the market, thus limiting internet access and innovation.

Lobby Group’s Court Requests

Kituo Cha Sheria is requesting that the court declare Safaricom’s letter to the CA unconstitutional, arguing that access to the internet is a fundamental socio-economic right. They also seek a permanent injunction to prevent the CA from taking any restrictive actions against SpaceX or limiting Starlink’s services in Kenya.

Starlink’s Competitive Pricing

In a recent move, Starlink introduced competitive pricing options for Kenyans, even offering the option to rent its equipment instead of purchasing it outright. This has increased interest in the satellite internet service and could significantly reduce internet costs for consumers across the country.