Communications and Multimedia Appeals Tribunal has dismissed the case filed by Safaricom seeking to cancel a contract it signed with Iristel Kenya Limited, a subsidiary of Iristel Canada from offering internet-based calls through its network.
Communications and Multimedia Appeals Tribunal has dismissed the case filed by Safaricom seeking to cancel a contract it signed with Iristel Kenya Limited, a subsidiary of Iristel Canada, from offering internet-based calls through its network. Safaricom had sought to terminate the contract based on allegations that SIM boxing by Iristel Kenya will be a threat to national security. SIM boxing is a mechanism where service providers use local numbers to disguise international calls as local thereby paying cheaper rates. Safaricom put in an application to the Communications and Multimedia Appeals Tribunal, seeking to block Iristel Kenya Limited from accessing its network despite an agreement signed between the two rivals.
The chair of the tribunal, dismissed the appeal by ruling that the parties are bound by the terms of the agreement. The CA rejected the appeal saying that Iristel Kenya’s similar deals with Safaricom’s rivals had not attracted concerns and felt that the move by Safaricom was unfair. It further clarified that that only when there is any breach of the agreement, it can invoke the relevant provisions. The terms of the agreement is outside the purview of the Tribunal.
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