Tag: airtel

  • Court Overturns Raburu’s Sh6.5m Win Against Airtel in Trademark Row

    Court Overturns Raburu’s Sh6.5m Win Against Airtel in Trademark Row

    Media personality Willis Raburu will not receive a Sh6.5 million bounty after the High Court overturned a judgement granted in his favour against mobile operator Airtel Kenya.

    Justice Linus Kassan quashed the award stating that the judgment delivered by the Milimani Chief Magistrate’s Commercial Court was a nullity as the lower court lacked authority to determine trademark disputes.

    “The decision of the trial court must be faulted in light of this Court’s finding that the said court was ousted of jurisdiction to entertain Raburu’s suit,” Justice Kassan ruled.

    The judge set aside the magistrate’s ruling in its entirety and substituted it with an order striking out Raburu’s suit, with costs awarded to Airtel.

    “In the end, Airtel’s appeal succeeds on the question of jurisdiction. The Court further directs that Airtel will have the attendant costs of the appeal. Order accordingly,” Justice Kassan stated.

    The emphasized that the trial court failed to properly interrogate Airtel’s objection on jurisdiction.

    “Such an omission must be faulted, given this Court’s earlier finding that the intent of the drafters of the Trademark Act was that any live issue concerning trademarks be referred to the High Court and not subordinate courts,” Kassan said.

    The dispute arose from a judgment delivered in November last year, where the magistrate awarded Raburu Sh6.5 million in a case against Airtel Kenya Networks Ltd.

    Raburu had sued Airtel for alleged unauthorized use and infringement of his registered trademark No. 116744, ‘BAZU.’

    He sought a permanent injunction restraining Airtel, its directors, officers, and agents from using the mark or publishing any material in print or broadcast media that could cause confusion with his brand.

    Raburu sought special damages of Sh5 million for potential licensing fees Airtel would have paid had it lawfully used the mark. He also sought profits earned from the alleged infringement, general damages, interest, and costs of the suit.

    However, with the High Court’s ruling, Raburu’s award has been nullified, and Airtel walks away with costs of both the trial and the appeal.

  • Diageo through EABL, KBL promoting Excessive drinking in Kenya under Exploitative Promotion Scheme Posing a Health Risk.

    Diageo through EABL, KBL promoting Excessive drinking in Kenya under Exploitative Promotion Scheme Posing a Health Risk.

    When spirits maker Diageo faced slowing growth in developed economies, it started expanding in emerging markets.

    By 2004, however, many of these mature markets were becoming saturated. Emerging markets, on the other hand, were growing quickly, and the company saw an opportunity in them. Africa provided an attractive target.

    Its population had been growing at more than two per cent per year, and it had an average age of 19.7 years. The middle class was well over 250 million people in 2000, and the number was increasing rapidly. But the continent also presented its fair share of challenges. 

    Many existing products were too expensive for the African middle class. Others, developed for western markets, did not address the specific needs of the African population. The challenge for Diageo was to produce commercial alcoholic beverages that profitably met local needs. To achieve its targeted growth, the company needed to innovate across its entire value network.

    New products, manufacturing setups and distribution systems, tailored to the specific commercial needs and opportunities of the region, would have to be created. Diageo first had to decide whom it would serve to achieve that growth.

    The company was producing and selling a beer called Tusker in Kenya at the time through an equal partnership with a local company, East Africa Breweries Ltd (EABL). Tusker and its rivals were sold at prices well out of the reach of most Kenyans.

    This left a strategic segment underserved: those who drank but for whom branded beer was too expensive. The company created a new product – a beer called Senator Keg – to tap the approximately 60 per cent of consumers who drank only locally brewed alcohol which they considered illegal.

    Diageo engineered its sourcing and manufacturing operations to significantly reduce the cost of producing Senator Keg beer. With most beers being produced from two primary ingredients – barley and hops – which are combined with yeast and water to induce fermentation. The company chose to source barley from local growers and to produce the beer at its subsidiary, EABL.

    This took advantage of low labour costs in Africa while minimising transportation and other expenses associated with sourcing from afar. This drastically reduced the beer’s production cost. The pioneering process of brewing a lager from only barley was the world’s first, and recognised internationally.

    Market research done in 2003 by Diageo showed the optimal pricing for Senator Keg needed to be between 20 and 30 Kenyan shillings a glass (300 ml). When finally introduced, at 15 to 20 shillings a glass Senator cost a fifth the price of Diageo’s mainstream beer, Tusker, and was only slightly more expensive than locally brewed ‘illegal’ alcohol.

    By pricing Senator Keg at this level, Diageo offered consumers a product that was safe, and yet competitive with homemade spirits. Diageo made other significant efforts to reduce the price. It put forward a proposal to the Kenyan government to reduce taxes on Senator Keg to decrease its price and attract budget drinkers away from illicit brews. The government reduced excise duty on Senator Keg.

    Senator Keg has proved an enormous unlawful monopoly in the market. Since its launch, the brand has gained over 50 per cent of the Kenyan beer market, and EABL dominates the country with a 97 per cent share. More broadly, emerging markets now contribute nearly 50 per cent of Diageo’s net sales up from 20 per cent in 2005.

    Africa alone contributes 20 per cent of Diageo’s revenue. The company expects emerging markets to make up almost three quarters of its net sales by next few years.

    Unfortunately, In June this year – Kenya Breweries Limited (KBL) re-introduced their third national consumer rewards promotions with an aim in ‘fighting illicit brews’ – promotion geared at rewarding loyal Senator beer consumers. According to the initiators, the campaign aim to provide a safe, ultra-low-cost beer to compete with illegal supplies which could play a crucial role in both resolving alcohol-related health problems and in achieving the targeted growth for Diageo.

    KBL Managing Director John Musunga said the Shikisha Form na Senator Ushinde, embodies the Senator customers’ pursuit of better lives and seeks to celebrate and recognize their unbridled loyalty and contribution in establishing the Senator brand as the most successful value beer brand in Kenya.

    To participate, consumers are required to purchase two 500ml mugs (either Senator Lager or Dark Extra) to get issued with a scratch card. They are then required to SMS a unique valid code found under the scratch panel to a 5-digit short code to get an entry into the competition. One valid code gives one entry.

    So, the strategy is, the more mugs you purchase, the more scratch cards, the more entry you record and ‘the higher your chances of winning.”

    Unaware and unsuspecting customers hop in for the sweet deal without blinking an eye not knowing that every SMS you send of the code to the 5-digit code, you’re charged 10/- as that isn’t included in requirements, terms and conditions atleast for awareness.

    So, if you buy more mugs- it’s to their advantage, you get more scratch cards – it’s to their advantage as you’ll be charged more in the mobile network transaction fee unaware.

    And with cheap Keg beers they’re out to promote, targeting the vulnarable less fortunate families – low income groups who more often believe in lottery fallacy as the only way to get rich.

    We must be clear that the target group is the low- income consumers who can only afford the cheap Keg beer and who believes in lottery as the only way to richness. This targeted group is a jobless group, and drinking is their business.

    Lets takes an example of Kiambu county, In a small size bar or pub, 10 friends in a day takes 4 mugs each, thats 2000/- in a day times 7 days a week for the addicts, thats 14,000/- times over 1000 such like pubs in one county – that’s 14,000,000 in a week times 40 active counties in the country out of the 47 counties thats roughly over 500,000,000 every week then add the 10/- scratch card charges for every 2 mugs purchased for this group every time the take two mugs for the next three months. The campaign is being run for 3 months before these prizes are given out. The billions of money being exploited in this scheme is almost the country’s annual budget.

    The promotion feature an array of prizes, with the grand prize being Ksh. 10 million. Additionally, 5 loyal customers stand a chance to win Ksh. 2 million each, with Ksh. 1 million set aside to improve their community as well as themselves. Additionally, there will be airtime worth Ksh. 56 million, home shopping worth Ksh. 12 million and home makeovers worth Ksh. 2.4 million. 

    The terms and conditions of buying more mugs to stand higher chances of winning, condition of drinking minimum of two mugs is harmful to health, its addictive method and they know it. These conditions encourages excessive alchohol consumption and binge drinking (Binge drinking is, during a single occasion, four or more drinks for women and five or more drinks for men) on the side of the consumer with an aim to get the consumer buy more, then also charge them more when sending the SMS codes. 

    In the United States, one “standard” drink (or one alcoholic drink equivalent) contains roughly 14 grams of pure alcohol, which is found in: 12 ounces of regular beer, which is usually about 5% alcohol. 5 ounces of wine, which is typically about 12% alcohol. 1.5 ounces of distilled spirits, which is about 40% alcohol.

    Senator Dark Extra, which was launched early this year and is retailing in 2,000 outlets, has an alcohol content at 7.5 per cent compared to Senator Keg’s 5.8 per cent. Tusker is 5% -5.5%.

    The more the alcohol content, the more the harmful risks.

    With this underway exploitative promotion, its possible that end of year Per capita alcohol consumption in Africa statistics will record Kenya among the top alcohol consumers in Africa, Ministry of Health will record higher cases of Diabetes cases, increased cases of Liver and Kidney failures.  

    Cheap is Expensive and This exploitation is underway with the knowledge of the authorities from Communication Authority, Telco companies: Safaricom, Airtel, Telkom – Consumers Federation of Kenya (CoFeK), Legislators in parliament. All in payslip to keep pin-drop silence on the scheme.

  • Diageo’s “Shikisha Form na Senator Ushinde” – Exploitation Scheme

    Diageo’s “Shikisha Form na Senator Ushinde” – Exploitation Scheme

    In June this year, Kenya Breweries Limited (KBL) re-introduced their third national consumer rewards promotions with an aim in ‘fighting illicit brews’ – promotion geared at rewarding loyal Senator beer consumers.

    According to the initiators, the campaign aim to provide a safe, ultra-low-cost beer to compete with illegal supplies which could play a crucial role in both resolving alcohol-related health problems and in achieving the targeted growth for Diageo.

    KBL Managing Director John Musunga said the Shikisha Form na Senator Ushinde, embodies the Senator customers’ pursuit of better lives and seeks to celebrate and recognize their unbridled loyalty and contribution in establishing the Senator brand as the most successful value beer brand in Kenya.

    Beyond rewarding a nationwide consumer audience, Shikisha Form Na Senator Ushinde orchestrators aim to  facilitate the upgrade of key retailer outlet upgrades in the same promotion through provision of seats and tables, mugs, jugs and rebranding of their outlets.

    To participate, consumers are required to purchase two 500ml mugs (either Senator Lager or Dark Extra) to get issued with a scratch card. They are then required to SMS a unique valid code found under the scratch panel to a 5-digit short code to get an entry into the competition. One valid code gives one entry.

    The scratch cards

    So, the strategy is, the more mugs you purchase, the more scratch cards, the more entry you record and ‘the higher your chances of winning.” Unaware and unsuspecting customers hop in for the sweet deal without blinking an eye not knowing that every SMS you send of the code to the 5-digit code, you’re charged 10/- as that isn’t included in requirements, terms and conditions atleast for awareness. So, if you buy more mugs- it’s to their advantage, you get more scratch cards – it’s to their advantage as you’ll be charged more in the mobile network transaction fee unaware. And with cheap Keg beers they’re out to promote, targeting the vulnarable less fortunate families – low income groups who more often believe in lottery fallacy as the only way to get rich.

    Besides Pyramid schemes, recent ponzi scheme, now KBL with help of EABL are here with exploitative lottery scheme in the name of promotion.

    Having done my observations and research —of which many more other researches on the same have been published with regards to lottery schemes that’s becoming a menace in Kenya that even recently   The Betting Control and Licensing Board (BCLB)  banned radio stations from running lotteries and prize competitions over rampant fraud — it is the slums and the poverty rooted families that are always being targeted by the betting/lottery firms.

    If you take a walk or a ride to Eastlands settlement, slum areas in the City – you’ll find tremendous betting firm offices that offers these families free access to their betting sites being that most of the target group in these areas are percieved not to have smartphones, they lure them into addiction of instant virtual games with betting stakes as low as 10/-.

    Same situation here in Shikisha form na Senator Ushinde promotion where their mugs beer are sold as low as 50/-, 30/-.

    Now lets do this cumulative maths how these people are making huge sums of money and giving peanuts in return in the name of promotions. We must be clear that the target group is the low- income consumers who can only afford the cheap Keg beer and who believes in lottery as the only way to richness. This targeted group is a jobless group, and drinking is their business.

    Lets takes an example of Kiambu county, In a small size bar or pub, 10 friends in a day takes 4 mugs each, thats 2000/- in a day times 7 days a week for the addicts, thats 14,000/- times over 1000 such like pubs in one county – that’s 14,000,000 in a week times 40 active counties in the country out of the 47 counties thats roughly over 500,000,000 every week then add the 10/- scratch card charges for every 2 mugs purchased for this group every time the take two mugs for the next three months. The campaign is being run for 3 months before these prizes are given out. The billions of money being exploited in this scheme is almost the country’s annual budget.

    Remember as of last year 2020, the 2020 Comprehensive Poverty Report by the Kenya National Bureau of Statistics (KNBS)  indicated that 15.9 million out of 44.2 million Kenyans are poor, describing this scenario as an adult earning less than Sh3,252 in rural areas and Sh5,995 monthly in urban areas. Kenya is ranked the top beer consumer in East Africa and top 7 in Africa.

    Promotion prize offers.

    The promotion will feature an array of prizes, with the grand prize being Ksh. 10 million. Additionally, 5 loyal customers stand a chance to win Ksh. 2 million each, with Ksh. 1 million set aside to improve their community as well as themselves. Additionally, there will be airtime worth Ksh. 56 million, home shopping worth Ksh. 12 million and home makeovers worth Ksh. 2.4 million. 

    The innocence of KBL’s Senator Keg in lias with EABL aim of launching this exploitative lottery scheme in the name of promotion to curb illegal sales of beer and illicit brews is just 10%. Aim of exploitating unsuspecting customers is 90%.

    Sales of Senator Keg, a low-priced lager made from locally grown sorghum, rose by close to a third in the last financial year. According to a 2020 ranking by London-based firm Brand Finance, Senator Keg Lager emerged as among the fastest growing brand in Africa’s top 150 most valuable brand leveraging on a 10-million-man pool for drinkers – having grown by 88% to hit a brand value of Kshs 14.4 billion. It has earned its status due to a huge demand from price-sensitive consumers who are literally low income earners. Abuse of dominance is on course in this lottery scheme.

    The terms and conditions of buying more mugs to stand higher chances of winning, condition of drinking minimum of two mugs is harmful to health, its addictive method and they know it. These conditions encourages excessive alchohol consumption on the side of the consumer with an aim to get the consumer buy more, then also charge them more when sending the SMS codes.

    During lauch of the promotion campaign with Njoro of Papa Shirandula(middle) appointed the brand ambassador for the campaign

    This exploitation is underway with the knowledge of the authorities from EABL, Communication Authority, Telco companies: Safaricom, Airtel, Telkom – Consumers Federation of Kenya (CoFeK), Legislators in parliament. All in payslip to keep pin-drop silence on the scheme.

  • EACC Approves Airtel-Telkom Merger

    EACC Approves Airtel-Telkom Merger

    EACC has affirmed that Telkom Kenya is a private company clearing the telco to embark of its plans to merge with Bharti Africa-owned Airtel Kenya.
    In August, the Parliament had inquired the Ethics and Anti-Corruption Commission to scrutinize how the merger deal between the two telcos was brokered and whether the state’s interests were warranted.
    However, EACC in a letter to the Communication Authority of Kenya, the commission states that;
    “Preliminary investigation has established that TKL (Telkom Kenya Ltd) is a private company jointly owned by the Government of Kenya through Cabinet Secretary, National Treasury and Helios Investors Fund III LLP (Helios) through Jamhuri Holdings Limited.”

    According to records, the State has only 40 percent shares in Telkom while Helios clutches the remaining 60 percent.This implies that Telkom Kenya isn’t subjected to State Corporations Act, and therefore, can’t be probed by EACC as the Parliament had requested.

    The merger hopes are still danglis as on Friday last week, CA said that it was yet to receive the letter from EACC.

    “CA is yet to receive EACC clearance to progress the merger,” said the Communication controller.

    EACC clearance was not the only hurdle as CA had instracted the two telcos to clear any debts before their merger can be certified.

    Safaricom had written to CA blocking the merger plans before Telkom and Airtel their debts. According to Safaricom acting CEO Micheal Joseph, Telkom Kenya owes Saf Sh906.6 million and Airtel Kenya has Sh390.7 million to clear. The debts have accumulated from interconnection, co-location and fibre services charges they had sourced from Safaricom.

     

  • Airtel-Telkom Merger Flopping Before It Starts

    Airtel-Telkom Merger Flopping Before It Starts

    Airtel and Telkom Kenya planned merger plans are seriously dangling as EACC launches investigations into the merger details affecting the completion deadline agreed between the two companies.

    Airtel and Telkom, that are without doubt Kenya’s second and third-largest telecommunications firms respectively, had set tomorrow, September 27, as the final date by which they were to have negotiated and signed the merger agreement that they first announced in February.

    The Ethics and Anti-Corruption Commission, however, instructed regulators to suspend the merger pending the conclusion of investigations into how the transaction was conceptualized, and how the Treasury ceded further ownership of Telkom Kenya to Orange, the French multinational which later sold its stake to private equity fund Helios. The Treasury has a 40 percent stake in Telkom Kenya, initially a fully State-owned corporation, while Helios controls 60 percent shareholding.

    “There is no chance it (the merger) will happen by Friday and there is no guarantee that Airtel will agree to a new signing date especially with the uncertainty of the ongoing investigations,” said a source familiar with the ongoing transaction.

    The merger was the pride of the two telcos and a lifeline by increasing their subscriber base, reducing their average operating costs and increasing their economies of scale. In turn, these were expected to increase the competitive edge of the merged entity against Safaricom.

    Sources involved in the negotiations have stated that if the deadline is missed, this could possibly lead Airtel to walk away from the deal, weakening the two operators’ chances of challenging Safaricom’s dominance of the market on the one hand and making it difficult for them to leverage their respective strengths in the merged entity on the other.

    “A board meeting has been called next week where the issue of the merger will be discussed with a view of negotiating new timelines with Airtel,” said another source with knowledge of the matter.

    EACC last month instructed the communications regulator and the Competition Authority to suspend their approval of the merger to allow investigators to review a 2012 restructuring that whittled down the government’s stake in Telkom Kenya. The investigation has been going on without clarity on when it will be completed.

    Safaricom has also been accused of using CAK to cripple the plans to have the merger successful and happen as soon as the initial plans had been originally drafted and approved moths ago.

    Acting Safaricom Chief Executive Officer Michael Joseph stated through a statement to the media that the company is not opposed to the merger between Airtel and Telkom Kenya as it has been alleged before but raised three concerns among them the Ksh.1.3 billion debt the two companies owe the Telco giant.

    “While we are supportive of industry changes that seek to deliver greater choice and value to consumers, we have raised valid concerns that we hope the regulator will consider and address as part of the approval process. The first is the debt owed by the two operators, amounting to KES 1,297,448,468.88, incurred for the provision of various services including interconnection, co-location and fibre services. This debt is due and payable, based on the agreement to provide services entered into with the two entities as distinct operators,” reads the statement.

    Telkom Kenya, which has been making losses for the past ten years, has been surviving on asset sales, making the merger urgent for its survival. Airtel Kenya, on the other hand, is keen to grow its revenues by leaning on the economies of scale expected from the merger. EACC has been questioning both former and current officials on how the government shareholding was diluted during a restructuring in 2012.

    Telkom was privatised in 2009 when France Telecom bought a 51 percent stake from the government, which held on to the other 49 percent. Between 2009 and 2016, France Telecom invested $900 million (Sh90 billion) into the business while the governed put in $100 million (Sh10 billion).

    In 2015, France Telecom sold its stake to Helios, a Private Equity firm that agreed to put money into the business on condition that the regulator would review mobile termination rates (MTR), a fee charged on calls and texts completed on rivals’ networks. Helios was also promised regulatory interventions on inter-operability and national roaming services. In exchange, the government, got a 10 per cent stake that raised its shareholding to 40 per cent under the Helios deal and also got interest in 40 percent of shareholder loans advanced by France Telecom to the company.

    Helios has reportedly invested $50 million (Sh5 billion) that went into network rolling, rebranding, T-Kash (mobile money service) and leveraging debt. The government on its part gave Telkom a 4G license valued at Sh2.5 billion, a payment in kind for its commensurate stake. Despite the investments, Telkom Kenya is still deep in the red, a factor it attributes to the high costs of running the mobile telephone business.

    Management consultancy firm McKinsey, which studied the viability of the business last year, concluded that its mobile business unit could neither keep up with the required investments in technological advancement nor carry the costs and compete with global players with economies of scale and with operations in more than one country. The study recommended a merger with Airtel and regulatory interventions to allow the firm to compete.

    The report said that even with a significant inflow of shareholder funds, the mobile business structure was untenable. Telkom was making about Sh3 million per base station but incurring twice as much in costs. Both Airtel and Telkom are running 1,600 base stations each. Safaricom, with 5,000 bases stations, serves 31.8 million subscribers and makes 20 times Telkom’s revenue, which brings down its average operating costs.

    A merger between Telkom and Airtel would result in a combined 17.3 million subscribers and 3,200 base stations, but which would be cut down to about 2,500 once the two companies bring down those in close proximity to each.

    The merged entity would also have an edge with economies of scale in procurement, sales, and distribution. For instance, while Safaricom normally leverages on Vodafone and Airtel on its mother company while making capital expenditures, Telkom has to go to the market alone, missing out on quantity discounts.

    What happens to be taken as a threat to Safaricom, the merged firm between Airtel and Telkom is probably going to be a superior network with a bandwidth of 77.5 for its approximated 17. 3 million subscribers while Safaricom, Kenya’s leading firm, will have 57.5 percent spectrum for its 31.8 million subscribers.

    The merged entity will take up the mobile subscribers, fiber and part of Telkom’s enterprise business that is not linked to government and security services, base stations and the distribution network. Telkom Kenya could shrink to about a tenth of its size, and be left with managing services for government and security organs.

    It will also be allowed to keep real estate whose valuation is estimated at about Sh10 billion. However, sources say that if the merger is not concluded in good time, Telkom’s thinning real estate portfolio is unlikely to sustain the company over the long term given its accumulated losses and mounting debt. A move to destabilize the merger has been blamed fully on Safaricom And CAK.

  • Safaricom Blocks Airtel-Telkom Merger Because Of Sh1.3 Billion Debt

    Safaricom Blocks Airtel-Telkom Merger Because Of Sh1.3 Billion Debt

    Kenya’s giant Telco Safaricom wants Airtel and Telkom Kenya to settle Ksh.1.3 billion debt ahead of the planned merger of operations by the two mobile service providers.

    Acting Safaricom Chief Executive Officer Michael Joseph stated through a statement to the media that the company is not opposed to the merger between Airtel and Telkom Kenya as it has been alleged before but raised three concerns among them the Ksh.1.3 billion debt the two companies owe the Telco giant.

    “While we are supportive of industry changes that seek to deliver greater choice and value to consumers, we have raised valid concerns that we hope the regulator will consider and address as part of the approval process. The first is the debt owed by the two operators, amounting to KES 1,297,448,468.88, incurred for the provision of various services including interconnection, co-location and fibre services. This debt is due and payable, based on the agreement to provide services entered into with the two entities as distinct operators,” reads the statement.

    Safaricom is further seeking to have the Communications Authority re-balance frequencies shared between the three companies.

    “The second is the need to rebalance the frequencies allocation. Post-merger, AirtelTelkom will jointly hold 77.5 MHz of the spectrum against a customer base of 17.3 million, compared to Safaricom’s 57.5 MHz with almost double the customer base at 31.8 million,” added Michael Joseph.

    According to Safaricom, if Airtel and Telkom Kenya are allowed to merge without reorganization of frequencies, the transaction will create a disproportionate imbalance in the spectrum allocation, which will be inconsistent with the market share.

    Safaricom through its acting CEO is also calling for equal treatment of operators and creation of a level playing field within
    the industry, specifically in relation to licensing and operations requirements.

    The remarks by Safaricom come on the back of claims by Telkom Kenya that Safaricom is opposed and intends to sabotage the proposed merger with Airtel Kenya. According to Telkom CEO Mugo Kibati, Safaricom is seeking to frustrate the process with a view to monopolize the telecommunications sector to its advantage.