The Communications Authority of Kenya (CA) has issued a directive to mobile network operators, instructing them to temporarily exempt government-authorised emergency bulk SMS communications from normal opt-in and opt-out requirements. This move aims to ensure that Kenyans receive crucial emergency and public-safety text messages, even if they have previously opted out of promotional messages. The directive, dated October 1, 2026, was addressed to major mobile operators, including Safaricom PLC, Airtel Networks Kenya Limited, Telkom Kenya Limited, and Jamii Telecommunications Limited.
The temporary measure is necessary due to the importance of the national early warning system simulation exercise and preparations for the El Niño rains. Under ordinary circumstances, mobile users can control whether they receive commercial or promotional messages. However, the CA directive temporarily separates emergency public-safety communication from those ordinary commercial messaging restrictions. This means that an emergency alert related to the El Niño preparedness and response framework can still reach a subscriber whose phone number is subject to promotional messaging restrictions.
The regulator has directed mobile operators to transmit all approved emergency preparedness and public-safety messages authorised by the government. These messages will be delivered to all active subscribers, regardless of their existing promotional messaging preferences, Do-Not-Disturb settings, or previous opt-out arrangements. A person who has previously opted out of promotional SMS could still receive an officially authorised emergency warning. This exemption is not a blanket suspension of SMS privacy or marketing preferences but rather a specific measure for government-authorised emergency bulk SMS communications.
The CA cited several legal and regulatory grounds for the decision, including Article 35(3) of the Constitution, which obligates the state to publish and publicise important information affecting the nation. The regulator also referred to Article 33, which guarantees the freedom to receive and impart information and ideas, and Article 46, which guarantees consumers the right to information necessary for them to gain full benefit from services and ensure their safety and welfare. Additionally, the CA cited the Access to Information Act, 2016, which gives effect to the constitutional right to information.
The regulator also referred to the conditions attached to telecommunications licences, specifically Condition 6, concerning public emergencies. Operators are required to facilitate the provision of information to the public during major disasters or situations of emergency or crisis. The dissemination of early warning messages, disaster preparedness advisories, simulation notifications, emergency instructions, and El Niño-related public safety alerts falls within those licence obligations.
The directive gives operators several specific responsibilities during the temporary exemption. They must facilitate transmission of all approved emergency preparedness and public-safety SMS messages disseminated by the government through designated platforms, including Short Code 1590. Operators have also been instructed to give emergency communications priority so that the messages are delivered across their networks in a timely manner. Furthermore, they are required to provide the technical support necessary for the successful execution of the simulation exercises and actual emergency response operations.
CA Director General David Mugonyi emphasised that compliance with the directive is mandatory, and operators are required to implement the necessary technical and operational measures with immediate effect. The temporary exemption will enable the government to effectively disseminate critical information to the public, ensuring their safety and welfare during this critical period. By prioritising emergency communications, the government aims to minimise the risks associated with the El Niño rains and other potential disasters.
Key points
- The Communications Authority of Kenya has directed mobile operators to temporarily suspend SMS opt-out restrictions for emergency alerts.
- The directive aims to ensure that Kenyans receive crucial emergency and public-safety text messages, even if they have previously opted out of promotional messages.
- The temporary measure is necessary due to the importance of the national early warning system simulation exercise and preparations for the El Niño rains.
