Kenyans.co.ke, 27 January 2026
by Maxwell Amunga
Swiss company sues Kenyan government over ETA contracts dispute
The Kenyan government is facing international legal action over allegations it copied and used Swiss border technology without permission or compensation.
The Swiss technology firm has dragged Kenya to the World Bank's arbitration court seeking damages for alleged expropriation of its systems.
The firm lodged the case at the International Centre for Settlement of Investment Disputes (ICSID) on December 16, 2025, opening a fresh dispute tied to Kenya’s digital programmes.
The Swiss company had been contracted to develop and operate Kenya's Electronic Travel Authorisation system (ETA), which launched successfully in January 2024 to replace traditional visa requirements.
The ETA system streamlined entry processes for foreign visitors, reducing delays and improving data security for what was previously a vulnerable visa record system.
However, the government terminated the Swiss company's contract in March 2025, replacing it with the locally developed eCitizen platform that allegedly mimicked the Swiss company's proprietary features.
After being invited by Kenya in January 2024 to upgrade the country's border management infrastructure, the firm deployed its advanced electronic travel authorisation and passenger information platforms.
In a statement, the Swiss company revealed that Kenya unilaterally replaced its platforms with systems replicating its technology, without any consultation, due process, or compensation.
During its operation from January 2024 to March 2025, the system processed 1,596,799 applications, generating over Ksh6.45 billion in total revenue for Kenya.
Since March 9, 2025, the transition to eCitizen, the government has processed 38,634 applications by March 25, though the Kenya Tourism Federation raised concerns about mistakes and delays.
The fee-sharing arrangement saw applicants pay Ksh3,870 ($30) per ETA, with Ksh1,097 ($8.50) going to the private consortium of the Swiss Company and a Kenyan partner.
This means the consortium collected $12,255,013 from Kenyan travellers and international visitors during the 14-month pilot period, translating to approximately Ksh1.6 billion at current rates.
For ordinary Kenyans, the dispute represents billions in potential compensation the government may have to pay if it loses the arbitration case at ICSID.
The case is being pursued under the Switzerland-Kenya Bilateral Investment Treaty of 2006, which protects foreign investors from unfair treatment and expropriation without compensation.
The company has instructed top Geneva-based lawyers to represent it in the high-stakes international arbitration proceedings.
The Kenyan government, represented by the Office of the Attorney-General and Department of Justice, maintained the shift aimed at increasing local control and data protection.
