Kenya: South Africa's Vodacom to Appeal Ruling Invalidating Safaricom Stake Sale

By Kevin Rotich

Nairobi — South Africa's Vodacom Group will appeal a High Court ruling that declared the Kenyan Government's sale of its 15 percent stake in Safaricom invalid, null and void.

In a filing to the Johannesburg Stock Exchange (JSE), Vodacom said it will appeal the judgment at the Court of Appeal (CoA) and seek orders temporarily suspending its implementation pending the appeal.

A three-judge High Court bench on Tuesday ordered the 15 percent stake transferred to Vodacom to revert to the State after ruling that the transaction was unconstitutional.

"Subsequent to the Appeal Order, the High Court of Kenya provided a judgment on a petition against the Acquisition, which judgment was handed down on 15 September 2026. Vodacom will review the judgment, and its implications," the company said in the filing.

"As interim steps, an appeal against the decision will be lodged with the Court of Appeal, as well as an application to stay the matter until an appeal is heard."

The sale, valued at about Sh204 billion, has faced several legal challenges.

High Court Judge Lawrence Mugambi temporarily halted the transaction in March 2026, following a petition by Fredrick Ogola and Tony Gachoka, who raised concerns over data sovereignty, public participation and other constitutional issues.

The CoA later overturned the High Court orders that had suspended the sale, allowing the transaction to proceed.

Treasury Cabinet Secretary John Mbadi had said proceeds from the sale would be used to provide seed capital for the proposed National Infrastructure Fund and Sovereign Wealth Fund.

Read the original article on Capital FM.

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