Historic Kenyan High Court Ruling Bans Telecommunications Firms From Reselling Inactive SIM Cards Without Consent

Justice Lawrence Mugambi rules that Safaricom and other telcos cannot sell dormant mobile lines without consent, protecting users' digital identities.

By: AXL Media

Published: Mar 20, 2026, 3:44 AM EDT

Judicial Recognition of Mobile Numbers as Digital Identities

The Kenyan High Court has delivered a transformative ruling that fundamentally reclassifies the legal status of mobile phone numbers within the country’s telecommunications framework. Justice Lawrence Mugambi asserted that because a mobile number is linked to a national ID and biometric data, it serves as a digital representation of the individual. This ruling establishes that a phone number is not merely a utility but a critical component of a person’s digital record, granting it protections under the constitutional right to privacy. By recognizing the intrinsic link between a user's identity and their assigned digits, the court has effectively stripped telecommunications firms of their long-standing practice of treating dormant lines as recyclable inventory.

Privacy Implications and the Risk of Identity Theft

Central to the court's decision is the role of mobile numbers in modern security protocols, specifically regarding transaction authentication. Justice Mugambi noted that the use of one-time passwords (OTPs) makes a phone number a gateway to sensitive personal and financial information. When a telco reassigns a dormant line to a new user, they inadvertently grant that individual potential access to the previous owner's digital footprint and secure accounts. The court emphasized that the current 90-day grace period is insufficient because it lacks a standardized notification process, leaving users vulnerable to losing their digital identity without a fair opportunity to recover or protect their data.

Specific Protections for Incarcerated Individuals

The ruling brings significant relief to long-term prisoners, a demographic that Justice Mugambi identified as being disproportionately affected by current deactivation policies. Under previous regulations, inmates who were prohibited from using phones often saw their numbers sold to new subscribers while they served their sentences. The High Court has now directed that a prisoner’s mobile number cannot be recycled or sold until they have completed their full term of incarceration. The judge clarified that while the limitation on phone use in prison is lawful, the loss of a person’s identity through the sale of their mobile line is an unconstitutional extension of their punishment.