BY SAM ALFAN.
Giant telco Safaricom PLC is facing a legal suit over its decision to expire unredeemed loyalty points of more than three years popularly known as Bonga Points
Nakuru based surgeon Dr Magare Gikenyi says it was unfair for Safaricom to fail their subscribers by forcing them to redeem their loyalty points or lose them.
He says the decision, which came into effect on January 1, 2023 is an arbitrary and irrational action.
He adds that Safaricom’s action of introducing expiry dates of Bonga points was implemented without input from subscribers.
Justice Mugure Thande, however, declined to suspend Safaricom’s decision and instead directed the case to be heard in March.
“A temporary injunction be issued prohibiting Safaricom PLC either themselves, their agents or any other person whatsoever from acting or giving any effect to the public notice or any document released on or 28th October 2022 purporting to give effect in the introduction of expiry dates of Safaricom Bonga points loyalty program and non-merchandise Bonga points redemption (sms, minutes and Mobile data) services pending hearing and determination of the suit,” urged Dr Gikenyi
He wants Safaricom to explain the rationale and justification for the decision or any document purporting to give effect to introduction of expiry dates for Bonga points.
“It is therefore in the interest of justice that the intended administrative action of just introducing expiry dates of Bonga points by the 1st respondent be suspended initially then be declared an illegally and a nullity since the same is aimed of putting money first before interest of Kenyans citizens who have helped the telecommunications giant to grow and reach where it is up to now.This is the proverbial literally play “asante ya punda ni mateke,” says Dr. Gikenyi.
Safaricom informed its customers that effective 1st of January this year they will introduce expiry dates for their loyalty rewards Bonga points.
Dr Gikenyi further faults the regulatory body, Communication Authority of Kenya for not intervening over what he alleges as an irregular administrative action against customers and other consumers.
It is his argument that considering the vast geographical background of the country, high illiteracy levels in some parts of the country, lack of internet in some areas and many other factors, many Kenyans will suffer due to the poor administrative of Safaricom.
“The forced and backdated redemption of Bonga points and introduction of expiry dates goes against Article 3,10,19 ,20,46 and 47 of the constitution (especially on consumer protection) ,” adds Dr Gikenyi.
“Safaricom’s behavior of punishing its customers goes against the rules of business loyalty and legitimate expectations of customers would lose their Bonga points which essentially will mean that they use extra money to pay for their airtime,” says Dr. Gikenyi.
He adds that Safaricom should be stopped from the alleged dangerous path of arbitrary and money-oriented irregular, illegal administrative actions for the sake of future generations and thousands of Kenyans.
