Kalonzo argues that the proposed sale contravenes Article 209 of the Constitution, which limits revenue measures and protects public resources from irregular disposal.
He claims the transaction should be halted through conservatory orders to preserve the status quo until the court fully hears and determines the petition challenging the process.
Kalonzo argues that conservatory orders are constitutional remedies granted based on the inherent merit of a case, especially where public interest is involved, and insists that all the three required thresholds have been met.
According to him, these include public interest, constitutional values, and the risk of irreparable harm if the sale is allowed to proceed.
He faults the government for allegedly failing to conduct genuine public participation before initiating the planned sale, saying the process lacked transparency and excluded key stakeholders, including Members of Parliament and ordinary Kenyans.
He argues that public participation must be clear, comprehensive, inclusive, and genuine as required under Article 10 of the Constitution, but says none of these standards were observed.
Kalonzo further argues that constitutional values such as integrity, accountability, good governance, and the rule of law were ignored, describing the entire process as opaque and deliberately shielded from public scrutiny.
He also questions what he terms as underhand negotiations surrounding the planned transaction, warning that allowing it to proceed would amount to diversion of public wealth and could cause grave economic injustice to millions of Safaricom users.
He maintains that public interest outweighs government interest in the matter and warns that if the sale proceeds before the petition is heard, the damage would be irreversible and would render the main case useless.
Kalonzo together with lawyer Vincent Lempaa says the matter raises a strong prima facie constitutional issue and has urged the High Court to intervene urgently to protect public resources and uphold the rule of law
