The High Court has issued a landmark judgment regarding the lifecycle of mobile telephone numbers. The court ruled that a registered mobile phone number is not merely a telecommunications tool but a protected digital identifier that links directly to an individual’s private affairs and sensitive personal data.
The ruling stems from Case No. HCCHRPET/E290/2024, Erastus Ngura Odhiambo vs. State Law. The petitioners challenged the long-standing industry practice of recycling, the deactivation and subsequent reassignment of mobile numbers due to extended periods of inactivity.
The petitioners argued that for many Kenyans, especially vulnerable groups like incarcerated individuals, losing a mobile number means losing a core part of their digital identity. Because mobile numbers are increasingly tied to bank accounts, government services (e-Citizen), and social media, the reassignment of these numbers to third parties creates a substantial risk of private information being exposed to strangers.
The High Court agreed, declaring that mobile numbers qualify for protection under Article 31 (c) and (d) of the Constitution of Kenya. These articles safeguard the right of every citizen not to have “information relating to their family or private affairs unnecessarily required or revealed” and the right to the “privacy of their communications.”
The court found that the current arbitrary recycling process constitutes an unconstitutional violation of these privacy rights.
The High Court has granted the Office of the Attorney General a six-month window to implement necessary measures to safeguard digital identities associated with mobile numbers. This directive aims to prevent the arbitrary deactivation and subsequent unfettered reassignment of numbers that are still linked to sensitive personal data.
Going forward, the High Court has ruled that the reassignment of a previously registered mobile number can only occur under strict conditions:
- Informed Consent: Telecommunications providers must obtain the previous owner’s informed and verifiable consent before a number is recycled.
- Public Notice & Due Diligence: Reassignment can only happen after a “reasonable period” following the issuance of a public notice. This must be preceded by a documented verification process to confirm the original owner cannot be located or has explicitly revoked their rights to the number.
- Technical Safeguards: Providers are now required to implement technical measures to prevent the unauthorized transfer or exposure of the previous owner’s personal data to the new recipient of the recycled number.