By Andrew Kariuki

Kalonzo Musyoka is set to lead a high-stakes constitutional challenge seeking to halt the government’s proposed sale of a 15% stake in Safaricom PLC to Vodacom Group.

According to a media advisory released on April 16, Musyoka will appear as lead counsel in Constitutional Petition E051 of 2026, filed by Tony Gachoka against the National Treasury and other parties.

The matter is scheduled for hearing at the Milimani Law Courts before a three-judge bench, underscoring the weight of the constitutional issues raised in the case.

Musyoka will be assisted by Advocate Lempaa Soyinka, while Gachoka is expected to be present in court alongside Mike Mbuvi Sonko, who is seeking to be enjoined in support of the petition.

The petition challenges the proposed transaction on multiple grounds, including concerns over national security and data sovereignty. The filing argues that Safaricom constitutes a strategic national asset and that transferring part of its ownership to a foreign-controlled entity could expose sensitive national data and infrastructure.

It further claims that the proposed valuation, approximately Sh34 per share, amounting to about Sh204.3 billion, significantly undervalues the company, whose intrinsic worth is estimated between Sh70 and Sh80 per share.

The petition also raises questions over transparency, alleging that the process was rushed, opaque and failed to meet legal requirements for public participation under the Privatisation Act.

Court records indicate that a status quo order was issued on March 23, 2026, effectively halting the sale process pending determination of the case.

The Chief Justice subsequently referred the matter for empanelment of a three-judge bench, citing its constitutional significance, with the hearing now set to proceed in open court.

The case is expected to test the legal limits of government privatisation efforts and could have far-reaching implications for how strategic state assets are handled in Kenya.