The Government of Kenya has suffered a major blow after the High Court in Nairobi declared that the sale of 15 per cent of Safaricom shares to Vodacom by the State was unconstitutional and null and void.
In a detailed judgment delivered by Justice Francis Gikonyo, Justice Roseline Aburili and Justice Tabitha Wanyama on Tuesday, September 15, 2026, the judges stated that the petitioners proved their case beyond reasonable doubt.
The bench noted that they have found that the sale of the shares was undertaken without adequate and meaningful public participation as required by the Constitution.
The court has declared the partial sale of the 15 per cent Safaricom sale by the government of Kenya was formulated, undertaken and approved by the cabinet and the National Assembly without any or reasonable meaningful qualitative and quantitative public participation mandated by articles 10 and 118 of the constitution.
Notably, the judges have declared that the entire process was full of obscurities, misrepresentations and concealment of material information regarding the nature and effect of the transaction.
“Based on our analysis, findings, and holdings in respect of the various issues identified for determination, we are satisfied that the petitioners have proved on a balance of probabilities that the divestiture in question was undertaken and procured in contravention of the Constitution and the law,” the three-judge bench ruled.
“It was, therefore, invalid, null, and void; there is no need for an order of the court to set it aside. It is automatically null and void without more ado,” the bench added.
The court has declared that the decision leading to the partial sale of 15 per cent of the government of Kenya’s shares in Safaricom PLC is a public policy decision subject to the Constitution and in particular, articles 10 and 201.
Justices Gikonyo, Aburili and Tabitha have also ordered that the already sold Safaricom shares to Vodacom be restored, adding that the government has no authority to sell them.
“A declaration is hereby made that the 15% subject of the partial divestiture, having been transferred in contravention of the Constitution and the law, is hereby restored to the ownership of the Government of Kenya on behalf of the people of Kenya,” the court ordered.
