A legal showdown has erupted in Kenya over the future of internet access, with a local lobby group challenging the dominance of existing providers and seeking to open the market to new players.

Kituo cha Sheria, a legal advocacy organization, has filed a lawsuit against mobile service provider Safaricom, the Communication Authority of Kenya (CA), and the Competition Authority of Kenya, demanding that they allow Starlink, a satellite internet service provided by Elon Musk's SpaceX, to enter the Kenyan market.

The dispute centres on Safaricom's efforts to block Starlink's entry by compelling the company to partner with local internet providers.

Kituo cha Sheria argues that such a move would not only limit consumer choice but also perpetuate high internet costs.

The lobby group complained that Safaricom charges its subscribers a significantly higher rate for internet services compared to Starlink.

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While Safaricom charges Sh 6000 for 50GB of internet, Starlink offers the same amount of data for only Sh1800. 

Kituo cha Sheria accused Safaricom of using its market dominance to protect its interests and stifle competition.

"The first respondent's letter dated July 5, 2024, remains unsubstantiated as it is a competitor and lacks independent and objective judgment," said Dr. Annette Mbogoh, a representative of the lobby group.

The case is being heard by High Court Judge Chacha Mwita, who has been presented with evidence highlighting the potential benefits of Starlink's entry into the Kenyan market.

Kituo cha Sheria argues that by allowing Starlink to operate, consumers would have access to faster and more affordable internet services.

The court heard that SpaceX has been developing Starlink as a global network of small, mass-produced satellites designed to provide internet coverage.

The company's innovative business model has gained traction worldwide, offering a new and potentially disruptive approach to internet access.

Kituo cha Sheria is seeking a court order declaring Safaricom's letter to the CA unconstitutional and recognizing access to the internet as a socio-economic right.

The outcome of this case could have far-reaching implications for the future of internet connectivity in Kenya and potentially serve as a precedent for other countries facing similar challenges.