The Communications Authority of Kenya (CA) says deactivation and recycling of SIM cards is now governed by a court-sanctioned framework that also draws on guidance developed by the International Telecommunication Union (ITU).
CA’s Director-General David Mugonyi told the National Assembly’s Public Petitions Committee that the regulator has developed Procedures and Technical Safeguards for Deactivation and Recycling of Inactive Mobile Numbers, 2026 regulations, aimed at providing a structured process for service providers.
He said that this is an elaborate regulatory framework that governs SIM card deactivation and recycling following a March 2026 court ruling on the status and protection of mobile numbers.
Mr Mugonyi appeared before the committee to respond to concerns over Safaricom’s deactivation and reassignment of inactive mobile phone numbers.
This follows Public Petition No. 24 of 2026, by Thomas Kerongo, who has questioned the legality of deactivation and recycling of SIM cards.
Mr Kerongo is asking Parliament to determine whether the deactivation of the SIM cards comply with statutory and constitutional obligations, especially on consumer protection, notification, privacy and access to services.
The petitioner alleged that Safaricom has been deactivating SIM cards after six months of inactivity and subsequently reallocating the associated numbers to new subscribers, without adequate notice to affected users.
Mr Mugonyi told the committee chaired by Turbo MP Janet Sitienei that mobile numbers have evolved beyond their traditional role as communication identifiers and are now closely linked to financial services, digital authentication, and in many instances, users’ digital identities.
“Under the new framework, telecommunications operators are required to use all available contacts collected during the Know Your Customer (KYC) process to notify subscribers whose numbers have remained inactive for more than three months,” Mr Mugonyi said.
He said the notification runs for three months, while operators are also required to issue a public notice of their intention to deactivate and recycle numbers that have remained inactive for more than six months.
Mr Mugonyi said the public notice must include a USSD mechanism through which subscribers can check the status of their numbers and establish whether they are at risk of deactivation.
Communications Authority of Kenya says it has an elaborate regulatory framework that governs SIM card deactivation and recycling.
Photo credit: File Photo | Nation Media Group
“These measures are intended to prevent unfettered deactivation and arbitrary reassignment of mobile numbers,” Mr Mugonyi said.
“The regulatory changes follow a constitutional petition filed at the Milimani High Court in June 2024 challenging the treatment of mobile numbers. The petitioner sought, among other orders, recognition of a mobile number as part of an individual’s digital identity, similar in importance to a national identity card, passport or driving licence.”
Mr Mugonyi said the High Court on March 19, directed the State Law Office, in consultation with relevant stakeholders, to put measures in place within six months to prevent unfettered deactivation and subsequent arbitrary reassignment or recycling of inactive mobile numbers.
He said the CA subsequently developed procedures and technical safeguards in response to the ruling. The measures were required to be operationalised by September 19.
“The safeguards address notification, verification, number status checks, exemptions from recycling and protection of information associated with recycled numbers,” he said.
Ms Sitienei and Kuria West MP Marwa Gitayama sought to know how mobile operators treat subscribers who may be unable to use their mobile numbers for extended periods because of illness, imprisonment, travel or other circumstances.
“I have a practical example where I lost my daughter through a tragic road accident in 2019 and I know her SIM card had money, but nobody has been able to access or call me,” Ms Sitienei said.
“Are the unclaimed funds associated with recycled SIM cards handled under the Unclaimed Financial Assets Act?”
Mr Mugonyi said the CA’s new framework provides for whitelisting of numbers where a subscriber, or a person legally authorised to act on their behalf, demonstrates that the number is likely to remain unused for more than six months.
The safeguards are intended to ensure that a new subscriber assigned a recycled number does not gain access to information belonging to the previous user.
He said for prisoners, the framework requires the Commissioner of Prisons to notify service providers and request that numbers belonging to inmates serving periods longer than six months be whitelisted.
“This also covers subscribers who are sick, incarcerated, in remand or deceased, subject to the submission of appropriate evidence by an authorised person,” he said.
“Operators are required to make attempts to contact affected subscribers through alternative channels, including email, social media accounts and alternative numbers supplied during the KYC process.”
He said where attempts to reach a subscriber are unsuccessful, existing information associated with the number is to be delinked and archived and retained in accordance with applicable data-retention laws.
Mobile numbers form part of numbering, naming, addressing and identification resources allocated to operators for assignment to end users.
