Safaricom customers will continue to use Bonga points without fear that they will expire soon.

The High Court suspended Safaricom PLC's application to stay the decision that nullified the telco's notice on the expiry of the loyalty programme.

High Court Judge Chacha Mwita said in a ruling released on Monday, July 14, that the court will not go against its decision that determined Bonga points expiry unconstitutional.

“In the circumstances, it would be inappropriate and possibly contrary to article 2(4) of the Constitution for this court, as the trial court, to grant a stay of its decision declaring the 1st respondent’s (Safaricom) notice constitutionally infirm,” said Justice Mwita as quoted by Business Daily.

In November 2024, Mwita quashed Safaricom's notice on Bonga points expiry, noting that once allocated, the loyalty points become the customer's property.

Justice Mwita added that the telco's notice goes against consumer economic rights.

Safaricom made an application in April 20225, seeking stay orders pending appeal hearing.

The telco argued that the court decision stopping the expiry of Bonga points will allow customers to use and deplete points older than three years, making the decision irreversible if the appeal goes through.

Speaking exclusively to , Safaricom noted that the expiry date on Bonga points was supposed to take effect in October 2022.

"It has not been effective for a long time, following the case currently in court," said Safaricom.

Petitioner Magare Gikenyi sued Safaricom PLC and the Communications Authority of Kenya (CA) and the Attorney General (AG) over the plan to introduce an expiry date on the Bonga loyalty programme, arguing that its decision is against consumers’ economic rights.

Gikenyi also mentioned the Consumers Federation of Kenya (COFEK) and the Law Society of Kenya (LSK) as interested parties.

More to follow...

Source: TUKO.co.ke