Kenya’s High Court has again sided with consumers, refusing Safaricom’s request to suspend a landmark judgment that prohibited the expiration of loyalty “Bonga Points.” Justice Chacha Mwita reaffirmed that once earned, these points are the property of customers and cannot be nullified by the telco—a position first upheld in November 2024.
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GLOKenya’s High Court has again sided with consumers, refusing Safaricom’s request to suspend a landmark judgment that prohibited the expiration of loyalty “Bonga Points.” Justice Chacha Mwita reaffirmed that once earned, these points are the property of customers and cannot be nullified by the telco—a position first upheld in November 2024.
Timeline of Key Events
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October 2022: Safaricom introduced a policy setting a three‑year lifespan for Bonga Points.
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November 2024: The High Court ruled this policy illegal and unconstitutional—ordering that points remain valid indefinitely.
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July 2025: Safaricom sought a temporary suspension of the judgment pending appeal, citing concerns over liability and financial loss. The court rejected this plea, emphasizing that enabling expiry would sustain an unconstitutional act.
What This Means for Consumers
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Permanent retention: Bonga Points earned, even years ago, will remain redeemable.
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Unchanged redemption options: Customers can continue using points for airtime, data, and partner services.
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Legal precedent: The ruling strengthens consumer rights over loyalty programs, underlining that earned benefits cannot be unilaterally revoked.
Safaricom cited the financial burden of accruing unused points and argued expiry was necessary to mitigate liabilities. The court dismissed this, noting that protecting constitutional consumer rights outweighs the company’s economic concerns.
Broader Implications
This precedent reshapes the legal landscape for loyalty schemes in Kenya. Brands across industries—retail, finance, and travel—are now on notice that loyalty points are treated as consumer property, and arbitrary changes risk legal challenge and reputational harm.
Safaricom plans to escalate its appeal to the Court of Appeal. If unsuccessful, this affirmation of consumer rights may prompt legislative action to regulate expiry policies across all loyalty-based programs in Kenya.
Kenya’s judiciary has reinforced that loyalty points are consumer assets—not corporate perks—protecting millions of customers from unilateral expiry policies and setting a powerful precedent for future regulation in the digital economy.
Source: Safaricom
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