Kituo Cha Sheria, a Kenyan non-governmental organization, has initiated legal action to advocate for the entry of Elon Musk’s Starlink satellite internet service into the Kenyan market. This move follows concerns raised by Safaricom, which claims that introducing satellite internet services could negatively impact mobile network quality.
Safaricom had expressed these concerns in a letter to the Communications Authority of Kenya (CA) on July 5, 2024, arguing that granting independent licenses to satellite providers might lead to illegal connections and interference with mobile networks.
However, Kituo Cha Sheria counters these claims, stating that Safaricom’s position is unfounded and driven by its status as a competitor. The NGO argues that satellite internet should be allowed to develop without unnecessary obstruction.
Represented by lawyer Marc Chirchir, Kituo Cha Sheria is pushing for a court directive that would require the Competition Authority of Kenya (CAK), the CA, and other regulators to conduct a thorough, unbiased study into global best practices for regulating satellite internet services.
The organization stresses the importance of ensuring this inquiry is free from the influence of mobile network operators. Furthermore, Kituo Cha Sheria is seeking a conservatory order to prevent any actions by regulators that might hinder consumers’ access to SpaceX’s Starlink services, including any measures that could obstruct payments to Starlink or its affiliates.
Safaricom’s stance has sparked considerable debate. While the telecom giant warns that satellite services could disrupt the market and lead to technical issues, Kituo Cha Sheria argues that these concerns lack merit.
The NGO emphasizes that Starlink’s entry into Kenya could drastically reduce internet costs, especially in a market currently dominated by Safaricom, Jamii Telecommunications Ltd, and Zuku. Starlink’s low Earth orbit satellite technology promises high-speed, low-latency internet, particularly suited for rural and underserved areas.
Starlink’s potential entry is seen as a game-changer for internet accessibility in remote parts of Kenya, where traditional internet service providers have struggled.
Dr. Annette Mbogoh, Executive Director of Kituo Cha Sheria, highlighted the importance of affordable, high-quality internet access as a socio-economic right. “The current digital divide exacerbates inequality and limits opportunities for marginalized communities, making equitable internet access a matter of social justice.”
Kituo Cha Sheria further argues that Safaricom’s attempts to block Starlink are a violation of trade regulations under Section 21 of the Competition Act.
The NGO claims that Safaricom’s actions aim to stifle competition by restricting Starlink’s market entry and technical development in Kenya. Without intervention, the organization warns that Kenyan internet users will continue to face high prices for inadequate internet services.
This legal battle underscores the critical role that affordable and accessible internet plays in promoting economic growth and social mobility, particularly for Kenya’s rural population.