Justice Chacha Mwita prohibited Safaricom from implementing the notice, which would have imposed a three-year expiry period on Bonga Points.
The judge declared that once awarded, Bonga Points become the property of the customer, relinquishing any rights Safaricom has over them.
The court further declared the notice a violation of consumer economic rights, rendering it unconstitutional.
“Having considered the petition, responses, and arguments by parties, I come to the following conclusions. First, this court has jurisdiction to hear and determine this petition,” Justice Mwita stated.
“Second, once bonga points are awarded, the points become the customers’ property and the 1st respondent (Safaricom) ceases to have any rights over them.”
“The customers as consumers are entitled to the rights and privileges accruing therefrom. The 1st respondent has no right to change or introduce new terms on the points already earned, including an expiry date.”
Safaricom’s October 2022 directive informed subscribers that unredeemed Bonga Points would expire after three years, with points accumulated before December 31, 2019, expiring in January 2023.
Dr Benjamin Gikenyi filed the lawsuit, arguing that introducing expiry dates without subscriber input was unlawful and would negatively impact millions of subscribers.
Safaricom countered that participation in the Bonga Points scheme was voluntary and subject to evolving terms and conditions.
