The High Court has turned down a request by Safaricom to temporarily reinstate its Bonga Points expiry rule, stating that it would be improper to allow a practice already declared unconstitutional to continue while the company appeals the ruling.

Safaricom had asked the court to suspend a judgment delivered in November 2024 that quashed a notice the company issued requiring customers to redeem their Bonga Points within three years or forfeit them. But Justice Chacha Mwita rejected the application, saying doing so would violate public interest and contradict the Constitution.

“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,” the judge ruled.

The court had ruled that the decision to impose an expiry date on Bonga Points infringed on consumer economic rights and was therefore unconstitutional. It further found that once awarded, Bonga Points become the property of subscribers and are no longer under the control of Safaricom.

The telco had introduced the rule through a public notice stating that starting January 2023, all loyalty points older than three years would expire. Following backlash from customers, Safaricom reversed the policy, but Nakuru-based surgeon and activist Dr Magare Gikenyi still moved to court to challenge the legality of the initial notice.

He argued that the expiry rule forced customers to redeem their points under pressure and amounted to an unlawful limitation of their economic rights. The court agreed and quashed the policy in a ruling issued on November 22, 2024.

In seeking to suspend that judgment, Safaricom told the court that it had filed an arguable appeal and risked facing serious consequences if the decision was not put on hold. The company said customers would continue using points that should have expired, and if the appeal succeeded, it would be impossible to recover the used rewards, making the outcome irreversible.

However, the judge said that argument did not justify reinstating a practice already declared invalid. Safaricom also argued that if the appeal was unsuccessful, restoring the Bonga Points to customers would not be difficult.

The court’s refusal to issue a stay now means that the November 2024 decision will remain in force until the appeal is determined. The case has added weight to consumer rights enforcement and limited the power of service providers to alter loyalty benefits without scrutiny.