The High Court has overturned a public notice issued by Safaricom in October 2022 that included expiry dates for its loyalty program, known as Bonga Points.
Justice Chacha Mwita further prevented the listed Telco from implementing the notice, which purported to impose three-year expiry dates on Bonga points services.
The Judge stated that once bonga points are issued, they become the property of the customer, and Safaricom ceases to have any right over them.
The Judge said that the customers as consumers are entitled to the rights and privileges accruing from the Bonga Points.
Further, the Judge issued a declaration that the public notice was a violation of consumer economic rights, making the decision unconstitutional.
“Safaricom has no right to change the terms and introduce new expiry dates on the already earned points including the one that was to be introduced and expire in January 2023,” said the Judge.
He ruled that the notice was a threat to violate consumers’ economic interests and violation of their legitimate expectations.
Safaricom had in October 2022 issued a directive informing its subscribers that all unredeemed bonga points will now be expiring after three years, meaning that those accumulated before December 31, 2019 will expire effective January 2023.
