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The High Court of Kenya in Nairobi has barred the reassignment of registered mobile phone numbers without the consent of their original owners, ruling that such numbers are a key part of an individual’s digital identity and private data.
In its decision, the court stated that mobile numbers carry personal information and are protected under Article 31 of the Constitution, which safeguards individuals from unnecessary exposure of their private affairs.
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The ruling follows a petition filed in June 2024 by Erastus Ngura Odhiambo, who challenged the practice of reallocating inactive but previously registered phone numbers. He argued that these numbers are tied to sensitive personal data, and reassigning them without restrictions risks exposing users to privacy breaches.
Odhiambo further noted that digital identity has become central in modern life, with many services now relying on mobile-based verification systems.
Delivering the judgment on March 19, 2026, Lawrence Mugambi directed the Attorney General, alongside relevant agencies, to establish safeguards protecting mobile-linked digital identities from arbitrary deactivation and reassignment.
The court ordered that any reassignment of such numbers must only occur with the informed consent of the previous owner. Additionally, authorities must introduce measures within six months to regulate the process.
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The ruling also requires that before any number is reassigned, there must be a reasonable waiting period after public notice is issued, alongside a thorough verification process to confirm the original owner cannot be reached.
Further, the court directed agencies to implement technical protections to prevent unauthorised access or transfer of personal data tied to previously registered numbers when they are eventually reassigned.
