Safaricom argues that the issues raised in LSK's petition are largely similar and heavily rely on the outcome of the Mokaya case.

Safaricom PLC has moved to court seeking to halt proceedings in a constitutional petition filed by the Law Society of Kenya (LSK), arguing that a similar and earlier case already before the court should be heard first.

In an application filed before the High Court in Nairobi, Safaricom is asking the court to stay the current proceedings in a data sharing case, either entirely or at least as they relate to the company, pending the hearing and determination of another case.

The earlier case, David Ooga Mokaya vs Safaricom PLC & 3 Others, directly challenges whether Safaricom unlawfully disclosed subscriber data, including personal information, call records, location data, and SIM registration details to investigative

Safaricom argues that the issues raised in LSK’s petition are largely similar and heavily rely on the outcome of the Mokaya case.

According to the telco, allowing both matters to proceed simultaneously risks duplicating evidence, witnesses, and legal arguments, while also opening the door to conflicting court decisions.

“The determination of the Mokaya Petition will either resolve the issues entirely or significantly narrow the questions remaining for determination,” the company states in its court filings.

The firm further contends that it would be more efficient and fair for the Mokaya case to be heard first, or alternatively, be treated as the lead matter, given the overlap in facts and legal questions, particularly on the alleged disclosure of subscriber data.

The application, supported by an affidavit sworn by Daniel Mwenja Ndaba, also seeks priority hearing of the request and a temporary stay of proceedings in LSK’s petition until the matter is resolved.

Safaricom maintains that the application has been made in good faith and is necessary to prevent what it terms as duplication of proceedings and possible abuse of the court process.