Wiper Party leader Kalonzo Musyoka has criticized the government’s decision to sell its 15 per cent stake in Safaricom PLC to Vodacom, arguing that the transaction was concluded while a constitutional petition challenging the sale remains pending before the High Court.

In a statement on Friday, July 3, 2026, Kalonzo said the transaction was completed despite the existence of unresolved constitutional questions surrounding the disposal of the government’s shareholding in the telecommunications giant.

He noted that the High Court had twice issued conservatory orders halting the transaction pending the hearing and determination of the petition before the Court of Appeal lifted the orders on June 26.

According to Kalonzo, the government moved swiftly to complete the sale almost immediately after the appellate court’s decision, even though the High Court is expected to deliver its judgment on the substantive petition within the next two weeks.

“It is therefore deeply troubling that, almost immediately after the Court of Appeal lifted the conservatory orders on 26 June 2026, the Government moved with such speed to dispose of the very asset that is the subject of the pending constitutional proceedings,” he said.

While saying he respected the courts, Kalonzo questioned the implications of concluding the transaction before the High Court had determined the constitutional issues.

“Kenyans are entitled to ask: if a matter is still pending before the High Court, and if the asset in dispute can be transferred before the hearing, what protection does constitutional litigation truly offer the ordinary citizen?” he posed.

The former vice president argued that the Court of Appeal’s ruling addressed only the conservatory orders and did not determine the legality of the transaction, whether there had been adequate public participation, whether the shares were fairly valued or whether the government could lawfully dispose of what he described as a strategic national asset to raise short-term revenue.

“The Government must not be allowed to outrun the court process. The due process of the law ought to have been allowed to take its course to its proper legal conclusion,” he said.

Kalonzo described Safaricom as a strategic national asset, citing its dominant role in Kenya’s digital economy through telecommunications infrastructure and M-Pesa, which he said handles trillions of shillings in transactions annually.

He questioned why the government had proceeded with the sale before the High Court’s determination, alleging that approximately six billion shares were sold at Ksh34 per share, reducing the government’s ownership from 35 per cent to 20 per cent while increasing Vodacom’s effective control to about 55 per cent.

Kalonzo maintained that the transaction was “undervalued, opaque, rushed, and constitutionally suspect,” claiming that expert evidence presented before the court valued the shares at about Ksh57.90 each and suggesting that the public may have lost hundreds of billions of shillings if M-Pesa were valued as a standalone fintech business.

He also questioned the timing of the transaction in relation to Safaricom’s expected dividend payout, arguing that the government had surrendered billions of shillings in annual dividend income.

“Why not wait a few days for the dividend? Why not wait for the High Court ruling? Why the haste?” he asked.

Kalonzo said the transaction raised serious questions about transparency, accountability, valuation, sovereignty and adherence to the rule of law.

Issuing what he termed a “caveat emptor” to the buyer, he said the constitutional, public interest, valuation and accountability issues surrounding the transaction remained unresolved despite the completion of the sale.

“We respect the courts and we will await the High Court’s determination of the matter. We also reserve every legal, constitutional, and public-interest avenue available to challenge this transaction and to protect the wealth of the Kenyan people,” he said.

The opposition leader further accused the government of pursuing policies contrary to the interests of Kenyans and called on citizens to register as voters ahead of the 2027 General Election, urging them to elect leaders committed to accountability and good governance.