Kenya’s High Court on Tuesday dismissed Safaricom’s appeal to reinstate its policy of expiring unused Bonga Points, reaffirming that the loyalty rewards remain the property of customers and cannot be voided by age alone.
Court upholds Bonga points ownership rights
The ruling, delivered by Justice Chacha Mwita, rejected Safaricom’s application to suspend a landmark November 2024 judgment that blocked the company from expiring points older than three years.
According to Justice Mwita, it would be “inappropriate and possibly contrary to article 2(4) of the Constitution” for the court to allow Safaricom’s expiry policy to proceed while an appeal is pending.
He emphasised that “once loyalty points are earned, they’re not just perks, they’re property,” affirming the customers’ rights over their Bonga Points.
The decision protects millions of Safaricom customers from losing rewards accumulated over time.
Background of the legal battle
The dispute began in October 2022 when Safaricom announced that Bonga Points older than three years would expire from January 2023.
The move sparked immediate backlash, leading to a legal challenge by Dr. Magare Gikenyi, a Nakuru-based surgeon and consumer rights activist.
In November 2024, Justice Mwita struck down the expiry rule, labelling the policy illegal, unconstitutional, and contrary to consumer economic rights.
Safaricom’s attempt to pause this ruling in July 2025 during its appeal was unsuccessful.
The company explained that unredeemed points represent a significant liability on their books, and enforcing point expiry would help mitigate this financial burden.
However, the court prioritised customer rights over corporate accounting concerns.
This ruling marks another defeat for Safaricom in its ongoing tussle with consumer groups over the management of its popular loyalty program.
For now, users can continue accumulating and redeeming Bonga Points without worrying about losing them due to expiration.
The court’s firm stance reinforces the principle that loyalty program points carry tangible value, not just promotional perks, setting a precedent for how similar programs are treated under Kenyan law.