Safaricom will no longer have control over your Bonga Points expiry date, following a protracted customer loyalty rewards battle dating back to 2022.
In a ruling dated July 11, 2025, Justice Chacha Mwita averred that Bonga Points once earned by customers become customers’ property.
Safaricom had, on October 28, 2022, issued a public notice indicating that Bonga points redeemed by its customers will have expiry dates.
The notice was, however, challenged in court by Nakuru-based activist Dr. Magare Gikenyi on grounds that the decision violated customers’ rights and was unconstitutional.
Following the petition, the court made a ruling on November 2024 in which it declared Safaricom’s public notice unconstitutional, null, and void.
Dissatisfied Safaricom
The court issued an order of certiorari (quashing the notice) and a prohibitory order stopping Safaricom from enforcing it.
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Safaricom, dissatisfied with the judgment, filed for a stay of execution while it appealed on the basis that the court lacked jurisdiction based on the “doctrine of exhaustion.”
If the ruling wasn’t paused, customers would use up their old Bonga Points, and if Safaricom later won on appeal, the decision would be irreversible and lead to financial loss.
Suspend the Constitution
Justice Mwita stressed that once a court declares a law or action unconstitutional (under Article 2(4) of the Constitution), it becomes invalid immediately. A stay would effectively suspend the Constitution itself—something the trial court has no power to do.
“Any act or omission in contravention of the Constitution is invalid… It would be inappropriate and contrary to the Constitution for this court to stay its decision,” ruled Justice Mwita
He also cited precedents from the Court of Appeal, in that public interest does not support delaying the effect of a ruling that declares a policy unconstitutional.
Safaricom has a right to move to the Court of Appeal for further interpretation but until them, it cannot impose expiry dates on Bonga Points or restrict their redemption.
