A Kenyan man, Elias Wekesa, has moved to the Milimani High Court in Nairobi seeking legal action against Safaricom over the deactivation and reassignment of his mobile phone number.
In the constitutional petition, Wekesa accuses the telecommunications giant of unlawfully recycling his inactive number without prior notice, consent, or an opportunity to be heard.
According to court filings, Wekesa argues that the phone number was more than just a communication line, describing it as a vital digital identity connected to financial services, personal records, and authentication systems.
He claims the abrupt loss of the number locked him out of critical services and exposed his personal information after the line was allegedly reassigned to another subscriber.
In the petition, Wekesa says Safaricom’s actions violated several constitutional protections, including rights relating to privacy, property, consumer protection, and fair administrative action under Articles 31, 40, 46, and 47 of the Constitution.
He is now seeking court orders compelling the restoration of the number or compensation for the alleged violation of his constitutional rights.
Safaricom, however, maintains that the line was deactivated due to prolonged inactivity before being recycled in accordance with its internal SIM card management policies.
The company further states that the number has already been allocated to another customer, making restoration impossible.
The telecommunications firm also argues that its procedures operate under the oversight of the Communications Authority of Kenya and that no new directive has been issued requiring changes to current SIM recycling practices.
Wekesa has disputed that defence, insisting that constitutional rights supersede internal company policies and regulatory silence. He argues that reassigning mobile numbers without due process creates ongoing risks to users’ personal and financial data.
The petition also references a recent High Court ruling recognizing mobile phone numbers as protected digital identifiers, with the court warning that careless reassignment could expose sensitive user information.
That earlier ruling further directed regulators to establish clearer safeguards governing SIM deactivation and recycling procedures.
The matter is expected to return to court in June, when Safaricom is scheduled to file its formal response and update the court on compliance issues.
