A Kenyan High Court has ruled that telecom operators (telcos) must notify and get consent from a user before recycling his/her phone number. The ruling is a response to a petition filed in 2024, which challenged the unauthorised recycling of phone numbers by telcos.
The High Court, in its declaration on Thursday, ruled that a registered mobile phone number constitutes a digital identifier linking personal data that relates to an individual’s private affairs.
The court added that mobile numbers are personal data protected under Articles 31(c) & (d) of the Kenyan Constitution.
While the issue centred on the risks of SIM recycling, it also raised concerns about the risks associated with the process when it’s not properly purged, leading to the exposure of sensitive data and financial loss.
Need For Consent
In its ruling, the court has directed that cell phone numbers be reassigned only after the previous registered owner is informed and consents to the process.
In cases where the registered owner is unable to be reached through official publication, alternative methods and when other necessary measures have been exhausted, only then can a telco recycle such phone numbers.
When such a number has been reassigned to another user, the court directs telcos to implement technical safeguards to prevent unauthorised exposure or transfer of personal data to the new user or another party.
In addition to telcos’ role in the SIM recycling process, the court also directed the Office of the Attorney General to implement digital identity protection measures across the country.
“The High Court has now given the Office of the Attorney General 6 months to take all necessary and appropriate measures to safeguard digital identity associated with the registered mobile telephone number against unfettered deactivation, and subsequent arbitrary reassignment or recycling,” it said.
