Faith Masita
In a decision set to reshape Kenya’s telecommunications sector, the court held that mobile numbersdue to their deep link to personal data must be protected from unnecessary collection, disclosure, and misuse.
A Case That Questions Ownership of Digital Identity
The ruling stems from a petition in Erastus Ngura Odhiambo vs State Law, which challenged the routine recycling of inactive mobile numbers. At its core, the case asked a pressing question in the digital age: who really owns your phone number—and the identity attached to it?
The ruling stems from a petition in Erastus Ngura Odhiambo vs State Law, which challenged the routine recycling of inactive mobile numbers. At its core, the case asked a pressing question in the digital age: who really owns your phone number—and the identity attached to it?
Petitioners argued that what telecom companies treat as disposable assets are, in reality, extensions of personal identity. Mobile numbers today act as gateways to financial platforms, private communications, and sensitive personal data.
When reassigned without safeguards, they warned, the consequences are serious—strangers can inherit fragments of someone else’s digital life, creating a silent but significant breach of privacy.
The court agreed, finding that unchecked reassignment is not just a technical issue, but a potential violation of constitutional rights.
Strict New Rules for Number Reassignment
In response, the court introduced a tougher legal framework governing how mobile numbers can be reassigned:
- Operators must obtain informed and verifiable consent from the previous owner
- A reasonable waiting period must pass before reuse
- A public notice must be issued
- Providers must carry out a documented verification process proving the original owner cannot be traced or has relinquished the number
The court also ordered telecom providers to implement technical safeguards to ensure that no personal data from a previous user is exposed or transferred when a number is recycled.
Government Given Six Months to Act
The Office of the Attorney General has been directed to, within six months, develop and enforce comprehensive measures to protect digital identities linked to mobile numbers. This includes addressing arbitrary deactivation practices that could put users at risk.
Why This Matters
The judgment elevates mobile numbers from simple communication tools to legally protected elements of personal identity.
The court recognized that careless reassignment can result in “silent breaches” of privacy where new users unknowingly access residual data tied to previous owners.
A Turning Point for Digital Rights
This decision marks a significant shift in how digital identity is understood in Kenya. It challenges long-standing telecom practices and sets a higher bar for data protection.
The message is clear: in a digitized world, identity extends beyond names and ID cards it includes the numbers we use every day.
And those numbers, the court has now affirmed, deserve constitutional protection.
