A petitioner has filed a case in the High Court in Nairobi, accusing telecom giant Safaricom of unlawfully deactivating and reassigning his mobile number without any notice or consent.
Elias Wanjala Wekesa lodged the petition at the Constitutional and Human Rights Division in Milimani, arguing that the company’s recycling of his inactive SIM card violated his constitutional rights to privacy, property and fair administrative action.
The number in question was not just a line for calls and texts, according to the petitioner. It was deeply integrated into his financial life, linked to his M-Pesa account and other sensitive records.
Thus, its reassignment to a new user, he claims, exposed him to risks of financial loss, identity confusion and potential data breaches, effectively handing elements of his digital identity to a stranger.
For that, Wekesa contends that Safaricom’s internal policy on recycling inactive SIM cards fails to meet constitutional standards, particularly in the absence of proper notification, opportunity to be heard, or robust safeguards to protect linked personal data.
Legal experts note that the dispute builds on a recent High Court ruling that recognised registered mobile numbers as protected digital identifiers.
It questions whether telecom operators can continue such practices unilaterally when the consequences reach into citizens’ constitutional protections under Articles 31 (privacy), 40 (property) and 47 (fair administrative action).
If successful, it could have far-reaching implications for Kenya’s telecommunications sector as it may compel Safaricom and other providers to overhaul SIM lifecycle policies, introduce stronger consumer protections, extend grace periods with meaningful notice, and treat phone numbers with the seriousness of other personal assets in the digital economy.
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