National Treasury Cabinet Secretary John Mbadi says the government has appealed the High Court ruling that nullified the sale of its 15 per cent stake in Safaricom to Vodacom.
Mbadi said Treasury had taken note of the judgment and moved to appeal because the government believes it complied with all legal requirements during the divestiture process.
“We’ve already done an appeal because we believe we had done all legal requirements,” Mbadi said.
He said the National Treasury had taken all necessary legal measures and would study the judgment before issuing a more detailed response on the way forward.
“The Executive led the public participation,” the CS said, adding that Treasury would provide further guidance based on the court's findings.
A three-judge High Court bench on Tuesday declared the divestiture null and void, finding that the government had failed to meet constitutional requirements for meaningful public participation and transparency.
The court ordered that the 15 per cent Safaricom stake be restored to the Government of Kenya on behalf of the public. The judges also faulted the government for withholding material information, including details about the intended buyer, during the public participation process.
The ruling has opened a fresh legal battle over the transaction, with the government expected to pursue its appeal as Treasury considers the court's orders.
