Big Win for Kenyans: Kalonzo Scores Another Court Victory Against State While in London

Wiper Patriotic Front leader Kalonzo Musyoka has recorded another legal development in the battle over the sale of a 15 per cent stake in Safaricom after the Court of Appeal declined the government’s request to suspend earlier High Court orders.

The decision leaves the High Court directives in force, including the order requiring the shares to be restored to the government on behalf of the Kenyan public. The lower court had declared the controversial transaction unconstitutional, raising questions about the process used to dispose of a stake valued at more than KSh 200 billion.

The government had moved to the appellate court seeking to halt implementation of the judgment as it pursued an appeal against the ruling. However, the court’s refusal to grant a stay means the existing orders remain effective as the wider dispute continues.

Kalonzo, who served as lead counsel for the petitioners challenging the transaction, participated in the proceedings virtually while in London.

The former Vice President has opposed the sale, arguing that the transaction raised fundamental concerns about constitutional compliance, transparency and public participation in decisions involving valuable national assets.

The dispute has drawn attention to the government’s responsibility to follow constitutional procedures when handling public investments and strategic assets.

For Kalonzo and the other petitioners, the latest development represents progress in their challenge to the Safaricom shares transaction. However, the government’s pursuit of a substantive appeal means the legal contest may continue as the parties await further court proceedings.

The outcome also places renewed focus on the role of the judiciary in resolving disputes involving public resources and government decisions.

With the High Court orders remaining in force for now, attention will turn to the government’s next legal steps and the eventual determination of the wider dispute over the transaction.