Kenyan Telcos, Regulator Sued Over Non-Rollover of Unused Data Bundles

Kenya’s leading telecommunication operators – Safaricom, Airtel, and Telkom Kenya – along with the sector regulator, the Communications Authority of Kenya (CA), are facing a significant legal challenge over the common practice of expiring unused mobile data bundles. ICT professional and lawyer Adrian Kamotho has filed a petition with the Communications and Multimedia Appeals Tribunal, contesting data bundle expiration, automatic out-of-bundle charging, and the lack of user control over purchased data.

The lawsuit argues that the non-rollover of unused data, a practice affecting millions of Kenyan mobile users who rely on data for communication, education, and business, is exploitative, unfair, and a violation of consumer rights under Kenyan law. Many Kenyans report losing data bundles they have paid for before they can fully utilize them, with some even experiencing shortages despite frequent purchases.

Kamotho’s petition highlights that these practices disproportionately affect consumers, especially those in rural areas with intermittent internet access who may find their data expired by the time they can use it. The lawsuit contends that such policies breach consumer trust and take advantage of subscribers.

The petition seeks several key orders from the tribunal:

• Mandatory Data Rollover: An order directing telcos to enable active subscribers to roll over unused data at all times.
• Data Sharing: Subscribers should be allowed to share their unused data with other users on the same network.
• Data Usage Alerts: Telecom operators should be required to send data usage alerts to subscribers when their bundles reach 75%, 50%, 25%, and 0% depletion levels.
• Opt-In for Out-of-Bundle Charging: Out-of-bundle data charges should only occur with the explicit consent of the user to prevent unexpected airtime deductions.

Kamotho argues that these practices not only defraud customers but also go against international trends that increasingly favor digital rights and equitable service delivery.

The legal challenge in Kenya comes after similar progressive policy changes in other African nations. In October 2019, Ghana mandated that all mobile network operators cease expiring data and voice bundles, requiring them to roll over unused portions with subsequent recharges. More recently, in early 2024, South Africa’s telecom regulator enforced consumer-centric reforms, including mandatory data rollover and a ban on out-of-bundle charges without user opt-in.

These regional developments have fueled calls from Kenyan consumers and digital rights advocates for similar reforms locally. The inclusion of the Communications Authority (CA) in the lawsuit also points to growing dissatisfaction with the perceived lack of proactive regulatory intervention on consumer complaints regarding telecom services.

The case has already sparked public discussion, with many Kenyans sharing their frustrations about lost data on social media platforms, with some demanding reimbursements.

If the Communications and Multimedia Appeals Tribunal rules in favor of Kamotho’s petition, it could usher in a new era of more user-friendly mobile data services in Kenya. Potential outcomes include greater flexibility in data usage, the ability to share data, and a reduction in unexpected airtime depletion due to out-of-bundle charges. Such a ruling would also likely increase the accountability of both telecom operators and the regulatory body.

The verdict in this case is anticipated to have a widespread impact on millions of mobile users across the country, as the fight against the non-rollover of unused data gains formal legal traction.