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#肯尼亚 #南非 #东非 #非洲
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原文原文 / Original TextNairobi — The High Court has cited flawed public participation, national security concerns as well as breaches of public finance and equity principles among the reasons for nullifying the Kenyan Government's sale of its 15 percent stake in Safaricom to South Africa's Vodacom Group.
In the full judgment, Judges F. Gikonyo, R.E. Aburili and T.W. Ouya also found that the Government erred in appointing KCB Investment Bank as the transaction's lead adviser and that there was misrepresentation and concealment of information surrounding the deal.
The judges found that the divestiture was concluded without reasonable, qualitative and meaningful public participation as required under Articles 10 and 118 of the Constitution.
The Milimani High Court also found that the transaction was wrongly treated as a simple share sale despite involving a merger, acquisition and takeover that resulted in a majority foreign controlling interest of 55 percent being transferred to a single entity.
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They said the transaction was therefore subject to disclosure and compliance requirements under the Capital Markets Act and Competition Act.
The judges further found that transferring a majority stake in critical national infrastructure, including M-Pesa, to a foreign entity without a National Security Impact Assessment violated Article 238 of the Constitution.
"A Declaration is hereby made that the transaction advisors Ms KCB Investment Bank Limited, for the subject divestiture of the Government of Kenya's 15% shares in Safaricom PLC were procured in contravention of Article 227 of the Constitution and the provisions of the Public Procurement and Assets Disposal Act," the judgment reads.
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来源：AllAfrica (https://allafrica.com/)
原文链接：https://allafrica.com/stories/202609170185.html
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发表于 2026-9-14 08:47:01