This archive report was first published on 23 October 2019.
On October 23, 2019, Safaricom made history by becoming the first mobile services provider in Kenya to introduce non-expiring data, voice, and short message services.
This move comes just a day after lawyer and ICT practitioner Adrian Kamotho filed a complaint with the Communications and Multimedia Appeals Tribunal, alleging that telecommunication operators in Kenya were irregularly depriving consumers of their unused data bundles.
Kamotho's petition sought to have Safaricom, Airtel, and Telkom Kenya furnish him with their current data tariffs or prominently display them on their websites.
He also requested that the companies stop depriving consumers of their unused data based on the data expiry model, which he claimed discriminated against consumers by charging 'out of bundle' rates different from normal bundle rates.
According to Kamotho, consumers are entitled to keep the data they buy as long as they remain active on the vendor's network.
“Data bundles should not have an expiry date until used up‚ as long as the SIM card is active and the consumer keeps recharging,” he said.
He argued that the data expiry model is unfair to the poor majority, who can buy low-amount bundles designed to expire sooner than big bundles, which only the rich can afford.
The lawyer also pointed out that the data expiry model is not anchored in law, citing Regulation 3 of the Kenya Information and Communications (Consumer protection) Regulations, 2010, which accords customers the right to receive clear and complete information on rates, and terms and conditions for available and proposed products and services.
