The High Court of Kenya has put a gag order on Porting Access Kenya Limited, prohibiting it from accusing Safaricom of sabotaging the implementation of Mobile Number Portability (MNP) or making statement against Safaricom in regard to Mannie
The orders restrain Porting Access and its chairman — Patrick Mweu Musimba —from publishing any words and statements accusing, linking or associating Safaricom with sabotaging mobile number portability, pending a hearing of the Cosatu court order reads in part, “Defendants, whether by themselves, agents, servants or otherwise howsoever be restrained from further publishing or causing to be published any words and statements accusing, linking or associating the plaintiff with sabotaging Mobile Number portability process or any words and statements similarly defamatory of the plaintiff in the implementation of Mobile Number portability process pending the inter parties hearing of this application,”Safaricom had initially written to Porting Access Kenya’s parent company — Porting Access BV of Netherlands — asking them to retract the statements made by Musimba.
Musimba has been publicly accused Safaricom of frustrating the porting process for some subscribers who have opted out of the network.
Last week, Safaricom instituted court proceedings following refusal by the company to retract the statements, and sought to restrain Porting Access from defaming, publishing or issuing any statements accusing them of sabotaging the implementation of mobile number portability, arguing that it will suffer irreparable injuries.
Nelson Havi, Safaricom’s legal representative, argued that on April 28 Porting Access made a statement suggesting that Safaricom is flouting Communication Commission of Kenya regulations by sabotaging the implementation of mobile number portability.
Safaricom filed an application seeking orders to restrain the porting agent from publishing statements, which accuse it of sabotaging the mobile phone number portability process.
Mobile number portability was introduced into the market at the start of April, which allows users to change their mobile phone service providers without losing their phone numbers.
Last week, Porting Access released data showing since the service was launched, it had received 43,545 port requests.
Out of the total requests only 10,000 have been successful, 15,000 are pending while 11,000 timed out.
The Communications Commission of Kenya is currently undertaking an audit on the causes of technical hitches impeding the portability Prosecuting.
The regulator also urged operators to refrain from engaging in media wars before the matter is resolved case will be heard on May 20.
By Brian Adero
