High Court Bars Telcos From Reassigning Phone Numbers

High Court Bars Telcos From Reassigning Phone Numbers

Kenya’s High Court of Kenya has delivered a landmark ruling declaring that registered mobile phone numbers are part of an individual’s protected personal data and cannot be arbitrarily deactivated or reassigned by telecommunications companies without the owner’s consent.

In a judgment issued on Thursday, March 19, Justice Lawrence Mugambi ruled that mobile numbers serve as digital identifiers linking a wide range of personal information to an individual’s private life, and therefore fall under constitutional privacy protections.

“Registered mobile phone numbers constitute personal data protected under the Constitution and cannot be arbitrarily reassigned without the owner’s consent,” the judge held.

Constitutional Right to Privacy

In his decision, Justice Mugambi cited Articles 31 (c) and (d) of the Constitution of Kenya 2010, which guarantee every person the right to privacy, including protection from unnecessary disclosure of personal information.

The court noted that in the digital era, mobile phone numbers are deeply embedded in daily life, linking users to banking platforms, social media accounts, government services, and personal communications.

“Mobile numbers are digital identifiers that connect financial, social, and personal activities to an individual’s private affairs,” Mugambi observed.

Because of this interconnected role, the court found that reassigning a number previously tied to someone else could expose sensitive data to third parties, potentially enabling identity theft, fraud, or unauthorised access to private accounts.

Petition Challenging Number Recycling

The ruling stemmed from a petition filed in June 2024 seeking to stop telecommunication companies from recycling numbers that had been deactivated due to inactivity.

Petitioners argued that such practices posed a significant threat to privacy because previously registered numbers often remain linked to personal records long after they fall out of use.

Court filings indicated that the applicants viewed mobile numbers as an integral component of digital identity, comparable to physical identification documents such as national ID cards, passports, or driver’s licences.

They warned that reassignment could allow new users to receive confidential messages, account alerts, or verification codes intended for the original owner.

Concerns Over Vulnerable Groups

The case also highlighted the situation of incarcerated individuals and others who may be unable to maintain active phone lines for extended periods. Petitioners argued that prisoners often lose their registered numbers due to prolonged non-use, exposing their personal data when the numbers are later reassigned.

The court acknowledged these concerns, emphasising that privacy protections must extend to all citizens regardless of circumstances.

Strict Conditions for Any Reassignment

While not imposing an absolute ban on number recycling, the High Court set stringent conditions that must be met before any reassignment can occur.

“Reassignment of a mobile number should only occur under strict conditions designed to protect the privacy of the previous owner,” the judgment stated.

Among the requirements outlined by the court are:

• The previous owner’s informed and verifiable consent
• A reasonable waiting period
• Public notice of the intended reassignment
• Documented efforts to contact the original owner
• Confirmation that the owner has relinquished rights to the number

Additionally, telecommunications firms must implement technical safeguards to prevent exposure or transfer of personal data associated with the former user.

Directive to Government

The court also directed the Office of the Attorney General of Kenya to take necessary measures within six months to develop mechanisms for safeguarding digital identities linked to registered mobile numbers.

Legal analysts say the decision could have far-reaching implications for telecommunications regulation, data protection, and digital security practices in Kenya.

Impact on Consumers and Industry

Mobile phone numbers in Kenya are widely used as primary identifiers for mobile money services, online platforms, and official transactions, making the ruling particularly significant for consumer protection.

Privacy advocates have welcomed the decision as a major step toward recognising digital identity rights, while industry players are expected to review policies on number deactivation and reassignment to ensure compliance.

As digital connectivity becomes increasingly central to everyday life, the judgment underscores the courts’ growing role in shaping how personal data is protected in the information age.

For millions of mobile users, the ruling offers reassurance that losing a phone line will no longer automatically mean losing control over the personal information tied to it.

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High Court Bars Telcos From Reassigning Phone Numbers