A public petition to the National Assembly is seeking an investigation into Safaricom‘s SIM card deactivation and reallocation practices, raising questions about access to customer funds, deceased subscribers’ estates, personal data and consumer protection.
The petition, submitted by Thomson Kerongo, argues that SIM cards are increasingly connected to critical services including communication, mobile banking, identification and the storage of personal data. It asks the National Assembly, through the relevant departmental committee, to examine whether Safaricom’s practices comply with Kenya’s statutory and constitutional requirements.
Why is Safaricom’s SIM deactivation being questioned?
The petitioner states that Safaricom deactivates SIM cards following a period of inactivity, described in the petition as “commonly six (6) months,” and subsequently reallocates those numbers to new subscribers.
The petition alleges that “many customers are not given adequate, clear, or verifiable notice” before deactivation. According to the document, this could expose affected customers to loss of access to communication services and financial services linked to their numbers.
The issue has particular significance for mobile money customers. The petition states that SIM cards are frequently linked to mobile money accounts containing customer funds, which “may remain in the account at the time of deactivation.”
The petitioner also points to situations in which subscribers may be unable to use their SIM cards because of circumstances including illness, travel, incapacity or detention. The petition argues that such customers could lose access to funds and services without what it considers adequate due process.
What does the petition say about deceased customers?
The petition gives particular attention to SIM cards belonging to deceased subscribers.
It states that a deceased person’s SIM card could be deactivated while funds remain associated with it. It further argues that deactivation or reassignment without lawful authority or involvement of personal representatives could raise concerns under Section 45 of the Law of Succession Act, which the petitioner cites in relation to unauthorised dealings with a deceased person’s property.
The petition therefore asks Parliament to determine the procedures used when a subscriber dies and whether those procedures adequately protect the deceased person’s estate.
What happens to unclaimed M-Pesa funds?
Another issue raised is whether unclaimed money associated with inactive or deactivated SIM cards is handled in accordance with the Unclaimed Financial Assets Act, 2011.
The petitioner asks Parliament to establish whether Safaricom remits unclaimed customer funds, including M-Pesa balances, to the Unclaimed Financial Assets Authority. The petition says it is unclear whether such funds are remitted as required or “remain unaccounted for.”
This is a request for investigation contained in the petition, rather than an established finding that customer funds have been improperly handled.
Data protection and consumer rights
The petition also raises concerns over personal information connected to deactivated and reassigned SIM cards.
It says the handling, retention and reassignment of such data raises “serious concerns” under Kenya’s Data Protection Act, particularly regarding lawful processing, data security and protection against unauthorised access or reuse.
The petitioner also cites the Consumer Protection Act and Articles 40 and 46 of the Constitution, arguing that inadequate notice, transparency and remedies could affect consumer rights.
What is the petitioner asking Parliament to do?
The petition asks Parliament to investigate the “legality, fairness, and constitutionality” of Safaricom’s SIM deactivation and reallocation practices.
It also calls for scrutiny of Safaricom’s compliance with the Unclaimed Financial Assets Act, Data Protection Act and consumer-protection laws, as well as the effectiveness of administrative remedies available to affected customers.
Among the proposed reforms are mandatory, verifiable and documented notice before SIM deactivation; stronger safeguards for customer funds and personal data; a clear recovery mechanism for affected customers and their next of kin; protection of deceased persons’ estates; and safeguards before SIM cards are reassigned.
The petitioner additionally wants Safaricom to publicly disclose its policies on SIM inactivity and deactivation, customer funds after deactivation, accounts belonging to deceased customers, and compliance with financial, data-protection and consumer-protection laws.
The petition sets out allegations and requests for parliamentary investigation. It does not, by itself, establish that Safaricom has breached any of the laws cited.
