NAIROBI, Kenya, Sept 16 – The Government will appeal a High Court ruling that declared unconstitutional the sale of its 15 percent stake in Safaricom to South Africa’s Vodacom Group.

Treasury Cabinet Secretary John Mbadi said the Government followed due process, including obtaining approval from Cabinet and Parliament, before selling part of its shareholding in the telecommunications company.

“Treasury remains confident that the process followed the law and is in line with prudent financial management coherent with the nation’s fiscal realities,” Mbadi said.

“The divestiture was conceived, developed and presented to Cabinet and the National Assembly as a considered fiscal measure structured to unlock value for the exchequer while safeguarding the strategic character of an institution that touches the daily lives of over 50 million Kenyans,” he added.

Mbadi said the National Treasury was studying the full judgment and would use the appropriate legal channels to challenge the findings.

“The National Treasury is studying the full judgment closely and will shortly set out through the appropriate legal channels the grounds on which we consider the court’s findings merit further judicial review,” he said.

On Tuesday, a three-judge High Court bench ordered the 15 percent stake transferred to Vodacom to revert to the State after ruling that the transaction was unconstitutional.

Vodacom has also said it will appeal the judgment at the Court of Appeal (CoA) and seek orders temporarily suspending its implementation pending the appeal.

The sale, valued at about Sh204 billion, has faced several legal challenges.

High Court Judge Lawrence Mugambi temporarily halted the transaction in March 2026 following a petition by Fredrick Ogola and Tony Gachoka, who raised concerns over data sovereignty, public participation and other constitutional issues.

The CoA later overturned the High Court orders that had suspended the sale, allowing the transaction to proceed.

Mbadi had said proceeds from the sale would be used to provide seed capital for the proposed National Infrastructure Fund and Sovereign Wealth Fund.