The High Court of Kenya has allowed Safaricom to join a suit filed by Jamii Telecommunications Limited against the Communications Authority of Kenya (CA). The dispute concerns the CA's 2025 regulatory fee schedule for radio frequencies that carry mobile calls and internet services. The schedule has been suspended since April 2025. Safaricom will now be part of the case, which will examine the CA's spectrum-fee framework.
The revised spectrum-fee schedule introduced band-based charges calculated according to the amount of spectrum assigned to an operator. This is a change from the previous system, which was based on the number of transmitters in an operator's network. The CA says the review accounts for inflation, technological changes, efficient spectrum use, and the need to support investment and connectivity.
Jamii Telecommunications Limited had appealed against the CA's revised spectrum-fee schedule, arguing that it favours larger operators and weakens competition. The company claims that the pricing system is discriminatory, uncompetitive, unfair, unsustainable, and unreasonable. Jamii also argues that the CA conducted superficial public participation and perpetuated existing market inequalities.
The Communications and Multimedia Appeals Tribunal suspended the schedule on April 24, 2025, pending determination of Jamii's application. Safaricom had sought to join the case but was initially rejected by the tribunal. The tribunal said Safaricom had not adequately explained the prejudice it would suffer if excluded or disclosed whether it supported or opposed Jamii's appeal.
Safaricom appealed the tribunal's decision in the High Court, arguing that the outcome could affect its regulatory obligations, costs, business plans, and competitive position. The court has now allowed Safaricom to join the case, but with limitations. Safaricom must stick to issues already raised by Jamii and cannot introduce a new claim, ground of appeal, or remedy, or take control of the case.
The court's decision was made by Justice John Anuro, who found that the tribunal had applied the legal test too rigidly and overlooked material in Safaricom's application. The judge said Safaricom's affidavit stated that the appeal could affect its regulatory obligations, financial outlay, business planning, and competitive position in the sector. The tribunal proceedings were suspended on September 19, 2025, following Safaricom's appeal.
A draft market review published by the Communications Authority and ICT Authority notes that spectrum fees form a significant operating cost and warns that a new structure could raise fees for operators with smaller networks. The review stresses that pricing should not risk excluding smaller rivals. Safaricom paid CA Sh16.3 billion in licence fees for the year to March as licence fees for the year to March, up from Sh14.6 billion a year earlier.
Key points
- The High Court of Kenya has allowed Safaricom to join a suit filed by Jamii Telecommunications Limited against the Communications Authority of Kenya's 2025 regulatory fee schedule for radio frequencies.
- The revised spectrum-fee schedule introduced band-based charges calculated according to the amount of spectrum assigned to an operator.
- The dispute concerns the CA's move to increase spectrum fees for radio frequencies that carry mobile calls and internet services.
