Mobile phone subscribers who failed to register their SIM cards have won legal backing against being cut off following orders by a Nyeri court blocking Safaricom from barring lines not listed on its customer directory.

The orders, however, only serve as a comfort to subscribers because both the government and operators had ruled out disconnecting SIMs not registered in the absence of a legal framework. Information Permanent Secretary Bitange Ndemo said last week that amendments needed in the country’s communications laws were being processed for Cabinet approval, drafting at the Attorney-General’s office and passing in Parliament before such a drastic action could be taken.

Warned firms In an advert in the Daily Nation on Thursday, Mr Paul Kaniru filed a suit against Safaricom blocking the operator from cutting off lines on September 16 as directed by the government. The deadline for the SIM registration expired on September 15 and the operators were given two weeks to compile the data for handing over to the Communications Commission of Kenya (CCK).

The government, however, warned that telecoms firms would be liable for crimes committed through the use of unregistered mobile phone lines on their networks. This means that the more than seven million mobile phone subscribers who failed to register their details will not be punished until the court case is concluded.

The case will be heard on September 30. Safaricom Chief Executive officer Michael Joseph confirmed that the firm had been served with the court order barring it from disconnecting unregistered subscribers and that its legal advisers were studying its details. “We have not taken any steps to disconnect unregistered SIMs.

We shall ensure that we do not initiate any disconnection of subscribers until the civil suit has been concluded,” Mr Joseph told Business Daily. He added that Safaricom may be compelled to enjoin the relevant government authorities in the suit as they were better placed to give the legal justification for barring unregistered SIMs. Risk fine The government relied on Section 23 of the Kenya Communications Amendment Act 2009, which requires the operators to have a directory of their subscribers. Operators, says the government, risk a fine of not more than for Sh500,000 for any abuse or contravention of any section of the Act.

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