NAIROBI, Kenya- The High Court of Kenya has declared that a registered mobile phone number constitutes a digital identifier linked to an individual’s private affairs, granting it constitutional protection under Article 31 of the law.
In a landmark ruling, the court found that mobile numbers fall within the scope of privacy rights, specifically safeguarding individuals from having information relating to their private affairs unnecessarily required or disclosed.
The decision follows a petition challenging the reassignment and recycling of deactivated mobile phone numbers, a common practice by telecommunications providers after prolonged inactivity or non-use.
The court expressed concern that such reassignments could expose sensitive personal data tied to previous users, including financial, communication and identity-linked information, potentially violating their right to privacy.
As part of the ruling, the court directed the Office of the Attorney General to take necessary legislative and policy measures within six months to protect digital identities associated with mobile phone numbers.
UPDATE: Kenya’s High Court declares that registered mobile phone number constitutes a digital identifier linking personal data that relates to an individual’s private affairs hence qualifies for protection under Article 31 (c) & (d) of the Constitution to safeguard the right not
The judges outlined strict conditions under which reassignment of mobile numbers may occur.
These include obtaining the previous owner’s informed and verifiable consent, or only proceeding after a reasonable period following public notice and a documented verification process confirming the original owner cannot be traced or has relinquished rights to the number.
Additionally, the court ordered the implementation of robust technical safeguards to prevent unauthorized access, exposure or transfer of personal data linked to previous users when numbers are reassigned.
The ruling is expected to have far-reaching implications for Kenya’s telecommunications sector, forcing service providers to review their data protection and number management policies.
Legal experts say the judgment strengthens privacy protections in the digital age, setting a precedent on how personal identifiers are handled amid growing concerns over data security and identity misuse.
