ECONET WINS KENYAN COURT CASE OVER 3RD MOBILE LICENCE
Kenya’s third mobile phone service provider was last week given the go-ahead by a Nairobi court to operate after a case against it was struck out with costs.After the award of the tender to Econet, three separate applications were filed in court by the Kenya Telecommunications Investment Group &SHY; the first at the High Court, another at the Appeals Tribunal and one before the Public Procurements and Review Appeals Board &SHY; challenging the licensing. In all cases similar remedies and orders had been applied for, but KTIG later withdrew its intended appeal.
Last week,in a seven page ruling, High Court judge Phillip Ransley upheld an objection filed by Econet and the CCK, seeking a dismissal of the application as defective and without merit. The judge observed that KTIG had an alternative remedy in Section 102 of the Kenya Communications Act, which establishes an Appeal Tribunal for the purposes of arbitrating in cases where disputes arise between parties.