Safaricom, CBK Move to Dismiss Paula Rogo’s Petition Over Alleged M-Pesa Fraud
A legal battle pitting journalist Paula Rogo against telecommunications giant Safaricom PLC, M-Pesa Holding Company Ltd, and the Central Bank of Kenya (CBK) has intensified, with the institutions now asking the High Court to throw out her case.
Rogo, who says money disappeared from her M-Pesa account under suspicious circumstances, argues that her experience mirrors that of thousands of Kenyans who have fallen victim to mobile money fraud. However, for her, the fight is not just about recovering lost funds—it is a push for accountability and systemic reform.
Safaricom and CBK insist the case should not be heard in court at all.
Safaricom: “The High Court Lacks Jurisdiction”
In their court filings, Safaricom and its subsidiary M-Pesa Holding Company argue that the High Court cannot legally hear Rogo’s petition before she exhausts the dispute resolution process provided under the Kenya Information and Communications Act (KICA).
According to Safaricom, consumer disputes involving licensed telecommunications service providers must first be lodged with the Communications Authority of Kenya (CA)—the industry regulator mandated to handle complaints under the 2010 Dispute Resolution Regulations.
The company describes Rogo’s petition as:
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irregular
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premature
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contrary to statute
Safaricom insists that any issues relating to fraudulent transactions, protection of consumer data, or internal processes fall squarely under CA’s jurisdiction. The telco argues that the CA can “adequately adjudicate” the matter without invoking the authority of the High Court.
CBK Also Opposes Petition—but Aims to “Guide the Court”
The Central Bank, which regulates payment service providers including Safaricom, has also urged the court to dismiss the petition.
However, the regulator emphasises that it should remain in the proceedings to help the court understand the compliance obligations and regulatory framework applied to payment services.
CBK says it is willing to enforce any orders issued—if the petition survives objections.
Paula Rogo: “This Case is Bigger Than Me”
Rogo maintains that her petition seeks justice not just for herself but for millions of Kenyans who have suffered similar losses.
She wants the High Court to declare that Safaricom violated:
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Her right to access information under Article 35 of the Constitution
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Consumer rights
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The rights of fraud victims to proper administrative action
Rogo accuses Safaricom of:
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Failing to protect her personal data and M-Pesa account records
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Failing to secure customer information from unauthorized access
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Failing to provide dedicated, responsive fraud-reporting channels
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Failing to compensate victims where negligence or system vulnerabilities are involved
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Failing to inform customers of available fraud remedies and redress mechanisms
She argues that M-Pesa’s massive influence on Kenya’s economy places a constitutional obligation on the company to safeguard users from fraud risks.
How the Alleged Fraud Happened
Rogo narrated that on 3 January 2024, she received a call from a number she did not recognize. After returning the call, a man identifying himself as “Michael Kiptoo”, allegedly claiming to work for Safaricom, spoke to her.
To gain her trust, the caller reportedly sent messages from what appeared to be Safaricom’s official SMS shortcode and demonstrated access to:
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Her M-Pesa account balance
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Recent transactions
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Frequently contacted numbers
Rogo says this level of access made her believe the individual was either an insider or working with someone who had internal system privileges.
Money vanished from her account shortly after.
What Rogo Wants the Court to Order
Her petition asks the High Court to compel Safaricom, M-Pesa Holding Company, and CBK to implement far-reaching reforms, including:
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Strong security systems to block fraudulent access
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A dedicated hotline and specialized support teams for fraud victims
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A transparent compensation framework for genuine cases
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Mandatory investigations into fraud incidents, with updates to victims
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Enhanced data privacy protections
If granted, these orders could reshape how mobile money fraud is handled in Kenya.
What Happens Next?
The High Court must now decide whether:
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It has jurisdiction to hear Rogo’s petition, or
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The case should first be taken to the Communications Authority, as Safaricom insists.
The judge’s decision will determine whether Rogo’s constitutional claims proceed or whether the matter is redirected to the CA.
For Paula Rogo, the fight is not simply about recovering her lost money. It is about restoring trust in a system millions rely on every day—and demanding accountability from the institutions that power Kenya’s mobile money economy.