Why Kenyans may receive Govt emergency SMS even if they opted out in fresh directive

Mobile phone users in Kenya may receive Government-authorised emergency and public-safety text messages even if they have previously opted out of promotional messages, following a temporary directive issued by the Communications Authority of Kenya (CA).

In a letter dated October 1, 2026, the regulator directed mobile network operators to temporarily exempt Government-authorised emergency bulk SMS communications from the normal opt-in and opt-out requirements that apply to commercial messaging.

The directive was addressed to Safaricom PLC, Airtel Networks Kenya Limited, Telkom Kenya Limited and Jamii Telecommunications Limited.

CA said the temporary measure was necessary because of 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.

A subscriber may have opted out of promotional communications, activated a Do-Not-Disturb preference or previously declined certain categories of messaging.

The CA directive temporarily separates emergency public-safety communication from those ordinary commercial messaging restrictions.

The regulator has directed mobile operators to transmit all approved emergency preparedness and public-safety messages authorised by the Government.

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 directive specifically requires operators to deliver such messages to all active subscribers, regardless of their existing promotional messaging preferences, Do-Not-Disturb settings or previous opt-out arrangements.

A person who has said "do not send me promotional SMS" could still receive an officially authorised emergency warning.

The exemption is not a blanket suspension of SMS privacy or marketing preferences.

CA refers specifically to Government-authorised emergency bulk SMS communications relating to the national early warning system simulation exercise and the El Niño preparedness and response period.

Mobile operators have therefore not been given permission to send ordinary advertisements or promotional messages to subscribers who have opted out.

The directive also requires operators to refrain from applying their normal opt-out mechanisms to emergency preparedness messages disseminated under the framework.

The Authority cited several legal and regulatory grounds for the decision.

It referred to Article 35(3) of the Constitution, which obligates the State to publish and publicise important information affecting the nation.

It also cited 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 to ensure their safety and welfare.

CA additionally cited the Access to Information Act, 2016, which gives effect to the constitutional right to information and requires dissemination of information affecting public welfare and safety.

The regulator also referred to the conditions attached to telecommunications licences.

Under 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.

CA said 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.

They must ensure the messages reach active subscribers without applying ordinary promotional-message preferences or previous opt-out arrangements.

Operators have also been instructed to give emergency communications priority so that the messages are delivered across their networks in a timely manner.

In addition, the companies are required to provide the technical support necessary for the successful execution of the simulation exercises and actual emergency response operations.

CA said compliance with the directive is mandatory and that operators are required to implement the necessary technical and operational measures with immediate effect.