ADRA Advocates LLP is proud to share a significant victory for our Client and for millions of M-Pesa users across Kenya.

On 22 July 2026, the High Court of Kenya delivered a Ruling in Rogo (Suing on her own Behalf and on Behalf of M-Pesa Account Holders who have been Victims of Fraud) v Safaricom Plc & 4 others (Commercial Case E091 of 2025) [2026] KEHC 11931 (KLR) (Commercial and Tax) (27 July 2026) (Ruling) – Kenya Law dismissing the Defendants’ Preliminary Objection and affirming the Court’s jurisdiction to hear this class action on behalf of M-Pesa account holders who have suffered losses arising from fraudulent transactions.

We are honoured to have represented the Plaintiff in this matter. The legal team, led by Pearlyne Omamo and Victoria Njoroge, successfully persuaded the Court that the case raises issues of genuine public interest warranting judicial determination.

In the far-reaching decision, Hon. Lady Justice Mongare held that the matter extends beyond an ordinary consumer dispute and raises substantive constitutional questions concerning the alleged violation of rights protected under Articles 35, 46, and 47 of the Constitution of Kenya 2010. The Court further found that the statutory dispute resolution framework relied upon by the Defendants is permissive rather than mandatory and therefore does not preclude access to the High Court.

Significantly, the Court noted that the Communications Authority of Kenya had acknowledged that it lacks regulatory jurisdiction over M-Pesa’s financial services, reinforcing the appropriateness of judicial intervention in the circumstances. The Court also retained the Central Bank of Kenya as an Interested Party, recognising its role in the broader regulatory and enforcement framework.

This Ruling marks an important step in advancing accountability, consumer protection, and access to justice in Kenya’s rapidly evolving digital financial services sector. It paves the way for the substantive hearing of issues affecting countless mobile money users and raises critical questions regarding the obligations of service providers in protecting and compensating customers from fraud.