Kenya’s biggest telecom operators are now facing a major legal challenge. The non-rollover of unused data is the focus of the complaint. The Communications Authority (CA) of Kenya, Safaricom, Airtel, and Telkom Kenya are all involved.
Every day, a large number of Kenyans depend on mobile data. They use it for communication, education, and business. Telecom companies let people down when they allow paid data to expire without rolling it over. Some users claim that even if they purchase data nearly every day, they still experience shortages.
Many Kenyans lose unused data bundles. Often, these packages expire before customers have had a chance to utilize them completely. According to the lawsuit, this behavior is exploitative and unfair. It also says it violates consumer rights under Kenyan law.
Adrian Kamotho, an ICT professional and lawyer, has dragged the three telecoms and the Communications Authority of Kenya (CA) before the Communications and Multimedia Appeals Tribunal. The long-standing practices of data bundle expiration, automatic out-of-bundle pricing, and the absence of user control over purchased data are all contested in Kamotho’s petition.
The non-rollover of unused data is considered a breach of trust. These policies take advantage of weaker customers. In rural areas, many people have restricted access to the internet. Their data might have expired by the time they receive a signal.
Komotho’s main contention is that these methods violate international trends that support digital rights and equitable service delivery in addition to defrauding customers. “An order directing the respondents to enable active subscribers to roll over unused data at all times,” Kamotho states in the petition.
Kamotho is requesting the following orders from the tribunal in addition to advocating for mandatory data rollover:
It should be possible for subscribers to share unused data with other users on the same network. At 75%, 50%, 25%, and 0% criteria, telcos are required to send out data use alerts. To avoid unforeseen withdrawals from airtime balances, out-of-bundle charging should only take place with the express consent of the user.
Kamotho’s petition comes soon after other African nations made progressive policy adjustments. In October 2019, Ghana instructed all mobile providers—including Glo, MTN, Vodafone, and AirtelTigo—to stop expiring data and voice bundles.
Unused bundles have to immediately roll over with the subsequent recharge, per the directive.
In early 2024, South Africa’s telecom regulator enforced consumer-centric reforms, requiring data rollover and banning out-of-bundle charges without opt-in.
Kenyan consumers and digital rights activists have called for similar reforms locally as a result of these changes. The Communications Authority’s (CA) involvement in the case indicates a rising dissatisfaction with regulators’ lack of an aggressive response to telecom complaints.
Public discussion has already been triggered by the case. Many Kenyans are posting accounts of lost data on social media. While some complain, others insist on prompt reimbursements. The problem affects almost every mobile phone user in the nation.
A new age of user-friendly mobile services in Kenya may begin if the tribunal finds in Kamotho’s favor. There will be more mobile data sharing and flexibility. A decrease in unexpected fees will likely occur. There would also be an increased responsibility from regulators and telecommunications.
Millions of users around the country will probably be impacted by the case’s verdict. As of right now, the battle against non-rollover of unused data has begun.
