The High Court of Kenya has issued a judgment in a constitutional petition challenging the reassignment of inactive mobile phone numbers, in a case that framed such numbers as a core element of individuals’ digital identity.
The petition, filed by Erastus Ngura Odhiambo, argued that mobile numbers are more than communication tools, describing them as persistent identifiers linked to banking, messaging platforms, government services and other forms of sensitive personal data. As a result, the petitioner contended, reassigning deactivated numbers after extended periods of inactivity exposes previous users to the risk of unauthorized access to private information.
According to court filings, the petition challenged the practice of recycling numbers that have been disconnected due to non-use, warning that new subscribers who inherit such numbers may receive confidential messages, account recovery codes or other data intended for former holders. This, the petitioner said, creates a significant risk of privacy breaches and amounts to a violation of the right to privacy under Article 31 of the Constitution.
The case also highlighted the impact on vulnerable groups, particularly prisoners, who may be unable to maintain active mobile subscriptions during incarceration. The petition argued that upon release, such individuals could find their former numbers reassigned without notice, potentially exposing their personal data to third parties.
In the ruling delivered at the Milimani High Court in Nairobi, Justice Lawrence N. Mugambi considered whether the reassignment of mobile numbers, without safeguards or notification mechanisms, constitutes an unconstitutional intrusion into personal privacy.
The court acknowledged the broader public interest implications of the case, noting the growing role of mobile numbers in identity verification and digital ecosystems. However, in its final orders, the court stated that the matter qualified as public interest litigation and made no order as to costs.
The judgment, issued under the Judiciary of Kenya, comes amid increasing scrutiny of how telecommunications practices intersect with data protection laws, as Kenya continues to expand its digital economy and reliance on mobile-based services.