The High Court has agreed to fast-track the hearing of a petition seeking to clear the way for the entry of US billionaire Elon Musk’s Starlink into the Kenyan market, by providing satellite internet services.
Appearing before Justice Lawrence Mugambi yesterday, the parties in the case including Kituo Cha Sheria, Safaricom and Communications Authority of Kenya (CA), agreed to drop preliminary issues, to speed up the hearing of the matter.
Kituo Cha Sheria had initially sought court orders to restrain CA and Competition Authority of Kenya (CAK) from taking any actions that may be prejudicial to the consumers of SpaceX’s Starlink.
“The preliminary objection and interlocutory application are hereby compromised in favour of the main petition,” ruled Justice Mugambi as he directed the parties to file the responses and submissions ahead of the hearing on November 25.
Through lawyer Kilonzo Wambua, CA submitted that the matter was of great public importance and the court should guide the process by going to the main case.
The sentiments were supported by Mr Hiram Nyaburi and Marc Chirchir for Safaricom and Kituo Cha Sheria, respectively.
The court also directed Goodweek Inter-Services Ltd, to file its application to join the case and the other parties to respond to the application.
In the main case, the organisation wants the court to issue an order directing CAK and CA and any other relevant industry regulators to carry out a comprehensive scientific inquiry and study on the best practice across the world on the regulation of Satellite Internet Services, before passing any laws and regulations on the same.
Kituo Cha Sheria said the study should not be influenced by mobile network operators or any other industry players.
The American company backed by the world’s richest person is betting on lowering internet costs in a segment dominated by Safaricom, Jamii Telecommunications Ltd and Zuku.
The NGO said the internet is increasingly being recognised as a fundamental socio-economic right, as it plays a pivotal role in enabling individuals to access essential services, participate in the global economy, and exercise their freedoms.
“As societies become more digitally interconnected, access to the internet is crucial for educational opportunities, healthcare information, job prospects, and civic engagement,” the NGO’s executive director Annette Mbogoh said.
Dr Mbogoh said the disparity in internet access can exacerbate existing inequalities, impeding economic growth and social mobility for marginalised communities.
