Communications Authority has rejected a class action lawsuit brought against Safaricom for SIM card fraud.
The regulating agency claims that the communications and multimedia appeals tribunal has jurisdiction over the matter.
The case was filed by businessman Abdi Zeila who accuses the Communication authority of being negligent of its regulatory duties by allegedly failing to ensure Safaricom is providing services that are secured from fraudsters.
Mr. Zeila claims, on March 28, 2017, fraudsters allegedly withdrew KSh 373,000 from his NCBA bank account, which is connected to his mobile phone. They also took KSh 66,440 mobile loan, another KSh 24,000 from KCB-MPesa, and KSh 12,000 Fuliza loan. He claims to have lost almost half a million shillings as a result of the scam.
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However, the Communication authority claims that Mr. Zeila did not adhere to the dispute resolution and consumer protection procedures outlined in the KICA laws of 2010.
Mr. Zeila demands that Safaricom pay him damages for violations as well as the Sh495,651 that he claims was stolen from him by fraudsters.
He also claims that he was out on holiday when the sim swap happened.
Safaricom is yet to respond to the lawsuit.
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