By the 254.ke Newsroom
The High Court has allowed Safaricom to join a legal challenge by Jamii Telecommunications against the Communications Authority of Kenya’s (CA) revised spectrum fees, reversing an earlier refusal by the Communications and Multimedia Appeals Tribunal. The ruling, by Justice John Anuro and reported on October 28, 2026, decides only who may take part. It does not decide whether the new fee structure is fair or lawful, and the revised schedule stays suspended.
What did the High Court decide in the Safaricom spectrum fees case?
Justice Anuro set aside the tribunal’s decision to shut Safaricom out of Jamii’s appeal. He found the tribunal had applied the test for admitting an interested party “too rigidly.” Safaricom’s affidavit, he said, was “a statement of prejudice” that “may not have been elaborate, but it is certainly not absent,” according to TechTrendsKE’s account of the judgment.
The court did not hand Safaricom a free hand. It must confine its submissions to the issues Jamii has already raised. It cannot add a new claim, a new ground of appeal or a new remedy, and it cannot take control of the case.
Key facts at a glance
- Who challenged the fees: Jamii Telecommunications Limited, before the Communications and Multimedia Appeals Tribunal.
- Who is being challenged: the Communications Authority, which set the revised annual spectrum fee schedule.
- Who joined: Safaricom, as an interested party, by order of the High Court.
- Judge: Justice John Anuro.
- Fee schedule status: suspended since April 24, 2025, when the tribunal halted implementation pending Jamii’s application.
- Tribunal proceedings: put on hold on September 19, 2025, while Safaricom’s High Court appeal ran.
- Next step: the tribunal is expected to set deadlines for Safaricom’s affidavit and submissions. No dates have been published.
Why is Jamii challenging the Communications Authority’s spectrum fees?
In March 2025 the CA told licence holders that new annual fees would apply from July 1, 2025. Under the older approach, operators were charged largely by the number of transmitters they ran. The revised method charges by the spectrum assigned, with a separate price for each frequency band.
Jamii argues the structure favours bigger companies with more money and a larger share of the market. It has called the schedule “discriminatory, uncompetitive, unfair, unsustainable, and unreasonable,” and says the CA held only superficial public consultations before introducing it.
The CA’s position is that the new method reflects inflation, changes in technology, efficient use of spectrum, and the need to encourage investment and connectivity.
Why did the CA oppose Safaricom joining?
The CA argued that Safaricom had not filed material setting out the case it intended to make, and had not said whether it supported or opposed Jamii. Admitting it, the regulator warned, could prejudice its response to Jamii and amount to “litigation by ambush.” The tribunal had agreed that Safaricom had not explained what harm it would suffer. Jamii did not oppose Safaricom’s application.
Safaricom says it pays spectrum fees too, so the outcome bears on its costs, business plans and competitive position. It offered to explain the technical and economic side of spectrum pricing and its effect on competition and service.
How much does Safaricom pay in licence fees?
Neither the ruling reports nor the disputed schedule give per-band spectrum charges. The only figure in public reporting is separate: Safaricom paid the CA Sh16.3 billion in licence fees in the year ended March, up from Sh14.6 billion the year before, as reported by Business Daily. That total is not the same as the spectrum charges now in dispute.
What happens next?
The case goes back to the tribunal, which will set timelines for Safaricom to file its affidavit and submissions. Other parties will then be able to respond. Until the tribunal rules, the April 2025 suspension of the revised fees remains in place, and operators continue under the existing arrangement.
For subscribers, there is no immediate change to tariffs or services. Spectrum fees are an operating cost for networks, and the CA and the ICT Authority have themselves flagged in a draft market review that a new structure could raise fees for operators with smaller networks.
FAQ
Is Safaricom suing the Communications Authority?
No. Jamii Telecommunications brought the challenge. Safaricom has been allowed to join as an interested party, with its role limited to the issues Jamii raised.
Have the new spectrum fees taken effect?
No. The tribunal suspended the revised schedule on April 24, 2025, and the suspension is described as still in place as of October 28, 2026.
Which court made the latest ruling?
The High Court of Kenya, through Justice John Anuro, which overturned the Communications and Multimedia Appeals Tribunal’s refusal to admit Safaricom.
Will this affect airtime or data prices?
Nothing in the ruling changes consumer prices. The merits of the fee schedule are still undecided.
Related reading: M-PESA savings, investing and insurance: what’s live now and Kenya cyber threats in Q3 2026. The regulator’s mandate and published notices are available from the Communications Authority of Kenya.
Sources: TechTrendsKE (George Kamau, Oct 28, 2026), Techweez (Oct 28, 2026), Business Daily (Oct 28, 2026).
