Mr. Adrian Kamotho, a lawyer and ICT practitioner has sued telcos Safaricom, Telkom and Airtel for unfair data bundle pricing.
He argued that their pricing practices illegally deprive data consumers of unused data bundles they have already paid for.
The complaint was filed before the Communications and Multimedia Appeals Tribunal.
Mr. Kamotho wants the tribunal to order the telcos to prominently display their current data tariffs on their websites.
He wants the telcos to stop setting data bundles to expire within a constrained timeframe.
Kamotho adds that the exipiry model of pricing discriminates against poor consumers who cannot afford the high cost of bundles that last longer.
He pointed out the irrationality of rigging bundles to expire within a certain frame, considering the network deficiency in several parts of the country. He also cited the additional frustration of losing bundles when devices run out of power for extended periods of time.
Kamotho insisted that data bundle consumers are entitled to keep 100% of the data they buy for as long as they are active on whichever telco’s network.
He argued for the scrapping of the expiry pricing model in its entirety.
He added that the firms should send users the appropriate notifications required for them to track their data usage.
Related article: Safaricom slashes data prices by 42% to counter increasing competition
The lawyer claimed he had written the Communications Authority of Kenya (CA) demanding clarification on the data expiry model to no avail.
He then accused the agency of failing to provide consumers with the option of rolling over unused data, illegally depriving them of their unused data.
Citing Regulation 3 of the 2010 Kenya Information and Communications (Consumer Protection) Regulations, he said the expiry pricing model is not anchored in legislation.
The regulation accords customers the right to receive clear and complete information on rates, terms and conditions for available and proposed products and services.
Kamotho said that CA has the legal duty of protecting consumers from unfair, unreasonable and improper business practices; and that it should take the appropriate measures to contain deceptive, misleading and fraudulent dealings by telecommunication operators.
He said the regulator has a strong legal duty to protect ICT consumers from unfair, unreasonable and improper business practices. This, he said, includes taking active measures to contain deceptive, misleading and fraudulent dealings by telecommunication operators.
Recently, the COMESA competition agency approved the merger by Airtel and Telkom as they gear up to tackle Safaricom.
