Vodacom and Treasury File Appeals as NSE Sheds a Further Ksh102.5bn
Vodacom confirmed it will appeal the High Court's nullification of its Ksh204.3bn Safaricom stake purchase and will seek a stay of execution pending appeal; the National Treasury has separately moved to the Court of Appeal to overturn the ruling. Neither a stay decision nor a hearing date has been confirmed. Meanwhile the sell-off continued: NSE market capitalisation fell a further Ksh102.5bn in the week to September 18, led by a 4.49% drop in the Banking Index (KCB -7.44%, Britam -16.26%), with foreign investors recording a Ksh2.46bn net outflow — the second-largest weekly foreign outflow of 2026.
What started as a single-stock legal story is now a broad-based sell-off, with foreign investors exiting at a pace matched only once before this year. The absence of a stay decision keeps the underlying ownership question open for weeks or months, and banking stocks — not just Safaricom — are now absorbing the uncertainty. Any business relying on bank share prices as loan collateral, or counting on NSE sentiment for a planned listing or bond issue, faces a genuinely unsettled market into Q4.
Short-sellers and investors who exited concentrated blue-chip exposure before the ruling; governance advocates whose public-participation argument is being tested on appeal
Bank shareholders (KCB, Britam) absorbing losses unrelated to their own fundamentals; any business planning a Q4 NSE listing or bond issue into a market still finding its floor
Delay any planned NSE-linked capital raise, bond issue or listing until the market stabilises and the stay/appeal timeline becomes clearer — this is not the week to test investor appetite.