A bold legal petition has placed Safaricom, Airtel, and Telkom under scrutiny, challenging long-standing mobile data practices that could soon face sweeping reform.

The case, filed by ICT lawyer Adrian Kamotho before the Communications and Multimedia Appeals Tribunal, targets not only the three telcos but also the Communications Authority of Kenya (CA), the industry regulator.

Kamotho is challenging what he describes as outdated and unfair handling of mobile data, calling for sweeping reforms to align local practices with global standards.

At the core of his petition is the contentious issue of data bundle expiry.

Kamotho contends that the policy of automatically invalidating unused data, coupled with out-of-bundle charges applied without consent, violates consumer rights and digital fairness.

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His plea seeks to disrupt the status quo by mandating rollover for unused data, enabling users to fully utilise what they have paid for.

“An order directing the respondents to enable active subscribers to roll over unused data at all times,” Kamotho states in the petition.

But the demands do not stop there. Kamotho is also pressing for reforms that would allow subscribers to transfer unused data to others within the same network, a move he argues would increase flexibility and user agency in data usage.

He is further pushing for mandatory data usage alerts to be sent at 75 per cent, 50 per cent, 25 per cent, and 0 per cent thresholds—steps he believes would prevent unexpected depletion and promote transparency.

In a bid to curb unwelcome deductions, the petition also calls for a strict opt-in policy for out-of-bundle billing.

Kamotho insists that users must give explicit consent before any airtime is deducted once their bundles run out.

The case comes at a time when Kenyans are becoming increasingly vocal about the value and cost of data services.

Should the tribunal rule in Kamotho’s favour, it could set a new benchmark for consumer protection in the digital age and compel operators to overhaul their systems to prioritise user rights.

As the matter awaits determination, the industry—and millions of mobile subscribers—are watching closely, hopeful that this legal push could finally usher in a more transparent and user-friendly era for mobile data usage in Kenya.