By Nancy Akinyi
A mobile telephone operator has sued a data network provider for threatening to switch off its connectivity over Sh80 million dispute.
Essar Telkom Kenya Limited, popularly known as YU, says that if not restrained by a court order, then Kenya Data Networks (KDN) would switch off its connectivity.
Through its advocate Julius Kemboy, the mobile operator says that because of a dispute that arose regarding billings and alleged breaches, KDN wants to suspend its services.
The mobile provider claims that it would suffer irreparable loss and damage should KDN suspend its services. Kemboy argued that if the said services were suspended, thousands of customers would not access voice, SMSs, data and other services available on YU.
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The company has succeeded in getting an injunction restraining KDN from switching off transmission connectivity or interfering with its use of all other facilities and infrastructure until July 5, when the case will be heard inter parties. The order by Commercial Court judge Muga Apondi also restrains any servant of KDN from terminating or breaching obligations under the Masters Services agreement dated April 9, 2009.
Court documents show that in the agreement, KDN undertook to provide YU with its capacity bandwidth lease using its fibre infrastructure and related transmission equipment to the plaintiff’s sites. In the agreement, KDN was to supply, install, provide, commission and maintain services provided to base stations.
