Kenya's High Court has ruled that registered mobile phone numbers constitute personal data protected by the constitution and cannot be deactivated or reassigned without the owner's consent. The decision by Justice Lawrence Mugambi follows a petition filed in June 2024 seeking to halt telcos from recycling numbers amid rising scams.
On March 19, 2026, Justice Lawrence Mugambi ruled that registered mobile numbers are digital identifiers linking information to an individual's private affairs. He cited Articles 31(c) and (d) of the Constitution, which protect the right not to have private information exposed unnecessarily. The court noted that these numbers often hold data revealing financial, social, and personal activities, making their protection essential in the digital age. It directed the Office of the Attorney General to implement measures within six months to safeguard digital identities tied to registered numbers. The petition, filed in June 2024, argued that reassigning deactivated but previously registered numbers threatens user privacy by exposing sensitive data to third parties without consent. Petitioners sought a declaration that such numbers form part of a personal digital identity, akin to a national ID, passport, or driver's licence. The case highlighted risks for incarcerated individuals, whose numbers may lapse due to prolonged non-use. The judge stipulated that reassignment requires the previous owner's informed and verifiable consent, or only after a reasonable period following public notice and documented verification that the original owner cannot be contacted or has relinquished rights. Technical safeguards must also prevent unauthorized exposure of the prior owner's data during reassignment.
