High Court Petition Seeks to Stop Recycling of Mobile Numbers

A constitutional petition filed at the High Court of Kenya is seeking to halt the reassignment of inactive mobile phone numbers, raising concerns over privacy and data protection.

The case, lodged at the Milimani High Court, challenges the practice by telecommunications providers of recycling phone numbers that have been deactivated due to prolonged inactivity.

According to court documents, the petitioner argues that mobile phone numbers are not just communication tools but form a key part of an individual’s digital identity, linking users to sensitive personal data such as banking services, social media accounts, and official records.

The petition further states that reassigning such numbers without adequate safeguards exposes former users to potential data breaches and unauthorized access to private information.

Privacy Risks and Digital Identity Concerns

“The Petition challenges the reassignment and/or recycling of the deactivated but previously registered mobile telephone numbers owing to an extended period of inactivity or non-use.” The court documents read.

“The Petitioners contend that those numbers constitute an individual’s digital identity that provides linkage to delicate personal information, of which substantial risk of exposure to 3rd parties is created by their unfettered reassignment,” the filing adds.

The petitioner is seeking a declaration that a registered phone number forms part of a person’s digital identity, comparable to official identification documents such as a national ID, passport, or driving licence.

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Impact on Vulnerable Groups

The court also heard that certain groups, including prisoners, are disproportionately affected due to long periods of inactivity that lead to loss of their registered numbers.

“The Petitioners argued that prisoners have involuntarily been losing their digital identity due to long periods of non-use or inactivity as a result of incarceration,” the documents state.

“This has exposed them to possible breach of their privacy as the previously registered numbers are reassigned to 3rd parties who end up becoming consumers of information supplied through those numbers,” the filing adds.

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Court Determination

In a judgment delivered virtually in Nairobi on March 19, 2026, Justice Lawrence N. Mugambi stated: “This being Public Interest Litigation, I make no orders as to costs.”

The case now highlights the growing debate around digital identity and data protection in Kenya, with its outcome expected to shape future policies on mobile number management and privacy rights.

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