Gov't Directs Mobile Operators to Lift SMS Restrictions Over El Nino

The Communications Authority of Kenya (CA) has directed mobile network operators to lift restrictions on government-authorised emergency bulk SMS messages as the country steps up preparations for the El Niño period.

The directive was contained in a letter dated Friday, October 2, and addressed to Safaricom CEO Peter Ndegwa, Airtel Networks Kenya Managing Director Djibril Tobe, Telkom Managing Director Mugo Kibati and Jamii Telecommunications Limited CEO Joshua Chepkwony.

The Authority said the directive was necessary to facilitate test runs scheduled for October 2, 2026, as part of the country's emergency preparedness and response measures.

"In view of the urgency and importance of the exercise, the Authority hereby directs all Mobile Network Operators to facilitate the test runs scheduled for October 2nd, 2026. Accordingly, all Mobile Network Operators are hereby directed to exempt Government-authorized emergency bulk SMS communications from the opt-in and opt-out requirements applicable to commercial messaging services for the duration of the simulation exercises and the El Niño preparedness and response period," the letter read.

The CA said the directive was anchored on several constitutional and legal provisions governing access to information and public safety.

It cited Article 35 (3) of the Constitution, which obligates the State to publish and publicize important information affecting the nation, as well as Article 33, which guarantees the freedom to receive and impart information and ideas.

The Authority also cited Article 46, which guarantees consumers the right to information necessary for them to gain full benefit from services and ensure their safety and welfare. 

It further relied on the Access to Information Act, 2016, which gives effect to Article 35 of the Constitution and requires dissemination of information affecting public welfare and safety.

The CA also reminded mobile operators of Condition 6 on Public Emergencies contained in their telecommunications licence terms and conditions.

The condition provides that in cases of major disasters, emergencies or crises requiring emergency communication services, licensees shall facilitate the provision of information to the public as directed by the Government, while giving priority to support activities required to overcome the emergency.

The licensing conditions further require operators to coordinate with and follow instructions issued by the Authority during such emergencies.

Condition 6.2 provides additional obligations where an emergency or crisis relates to national security, requiring licensees to coordinate with the competent entity indicated by the Authority and provide necessary services in accordance with instructions issued by the Authority or the designated entity.

The Authority said emergency and disaster-related communications were covered by these licensing obligations.

'The Authority considers the dissemination of Early Warning System messages, disaster preparedness advisories, simulation notifications, emergency instructions, and El Niño-related public safety alerts to fall squarely within the scope of the above licence obligations," the letter added.

Under the directive, operators were required to facilitate the transmission of all approved emergency preparedness and public safety SMS messages issued by the Government through designated platforms, including Short Code 1590.

The messages were to be delivered to all active subscribers regardless of their existing promotional messaging preferences, Do-Not-Disturb (DND) settings or previous opt-out arrangements.

Operators were also directed not to apply opt-out mechanisms to emergency alerts and disaster preparedness messages issued under the framework.

The CA further instructed mobile network operators to give priority to emergency communications and ensure their timely delivery across their networks.

They were also required to provide technical support necessary for the successful implementation of simulation exercises and actual emergency response operations.

The Authority said the directive was being issued in the public interest and formed part of the Government's responsibility to ensure that critical information reached members of the public during emergencies.

"This direction is issued in the public interest and in fulfilment of the Government's constitutional obligation to safeguard life, property and national security through timely dissemination of critical public information. 

"Compliance with this directive is mandatory and operators are required to implement all necessary technical and operational measures with immediate effect and at the same time submit the requested status of preparedness as communicated in the letter under reference," the letter concluded.

Elsewhere, this comes weeks after CA issued new guidelines governing the deactivation and recycling of mobile numbers that remain inactive for an extended period.

In a statement on Wednesday, September 2, the CA said the deactivation and recycling process will only be triggered after a number has remained inactive for three months without any revenue-generating activity.

"Number deactivation and recycling shall be triggered when a number records no revenue-generating activity, such as making/receiving a call, sending/receiving an SMS, using data, topping up airtime or using the number for value added service, for a period of three (3) months," the statement read.

According to the CA, once the three-month period of inactivity is detected, service providers will be required to make efforts to reach the affected subscriber using the contact information provided during the registration and Know Your Customer (KYC) process.

The authority said notification may be done through SMS sent to the affected number as well as other contact details associated with the subscriber during the KYC process. 

The notification efforts will continue for another three months unless the subscriber resumes a revenue-generating activity.

As the additional notification period approaches its end, the CA said service providers will be required to publicly identify numbers that are at risk of deactivation and recycling.

"Thirty (30) days before the lapse of the three (3) months in clause 4.4, and with the number still inactive, the service provider shall publish the list of numbers susceptible to deactivation and recycling if they are not activated within 30 days from the date of publication," the statement further read.

The CA further directed providers to publish a general notice of their intention to deactivate and recycle inactive numbers through their websites, other media platforms and a national daily newspaper on a quarterly basis.