CA orders telcos to push El Niño emergency SMS past opt-outs and Do Not Disturb

The Communications Authority of Kenya (CA) has ordered mobile operators to deliver government-authorised emergency text messages to all active subscribers, even those who have switched on Do Not Disturb (DND) or previously opted out of promotional messages. The order applies during a national early warning system simulation and the El Niño preparedness and response period, according to The Star and the Eastleigh Voice.

The directive is in a letter dated 1 October 2026, addressed to the chief executives of Safaricom, Airtel Kenya, Telkom Kenya and Jamii Telecommunications, The Star reports. It tells the four operators to facilitate test runs scheduled for 2 October 2026. The test messages are expected to go out through designated government platforms, including short code 1590, the Eastleigh Voice reports; TechTrendsKE also names short code 1590. The sources do not say who operates the code.

What the order says

Normally, mobile operators must respect a subscriber's choice not to receive bulk marketing texts. The CA has set that rule aside for one category of message. The Star reports that operators must deliver approved emergency preparedness and public safety messages to all active subscribers, regardless of their promotional messaging preferences, Do-Not-Disturb settings or previous opt-out arrangements.

The covered messages are early warning system messages, disaster preparedness advisories, simulation notifications, emergency instructions and El Niño-related public safety alerts, according to The Star.

The Eastleigh Voice, which quotes a memo to the operators' bosses dated 1 October from CA Director General David Mugonyi, adds that operators must give such communications priority on their networks. Mugonyi said compliance is "mandatory" and that operators must put the necessary technical and operational measures in place "with immediate effect". They must also submit the status of their preparedness as requested in the authority's letter, the outlet reports.

A narrow exemption

TechTrendsKE stresses that the order is not a general suspension of consent rules for SMS. Commercial messages still need the subscriber's consent; only government-authorised emergency communications are exempt.

The Eastleigh Voice reports that the exemption lasts for the simulation exercises and the El Niño preparedness and response period. The sources do not give an end date for that period.

Why the CA says it can do this

The CA points to the telecommunications licence conditions. TechTrendsKE says it relies partly on Condition 6, which requires licensees to facilitate public information during major disasters, emergencies and crises when directed by the Government and the CA. The Eastleigh Voice adds that the same conditions require operators to give priority to activities needed to address the emergency.

On the constitutional side, The Star says the authority cited Article 33, on freedom to receive and impart information, and Article 46, on consumers' right to information needed for their safety and welfare, plus the Access to Information Act, 2016, which gives effect to Article 35 of the Constitution. TechTrendsKE says the CA cites Articles 35, 33 and 46. The Eastleigh Voice quotes Mugonyi's memo as describing the directive as "issued in the public interest" and in fulfilment of the Government's constitutional obligation to safeguard life, property and national security.

Why SMS, and who is affected

TechTrendsKE says Kenya had 87.99 million mobile SIM subscriptions by June 2026 and 79.7 million connected mobile devices, and recorded 57.1 billion SMS messages in the 2025/26 financial year, although SMS traffic declined slightly. People Daily and HapaKenya, reporting the CA's fourth-quarter sector statistics for 2025/26, give the same device and SMS figures between them and round the subscriptions to 88.0 million. TechTrendsKE adds that an SMS alert does not depend on a particular messaging app or social-media account and can reach both smartphone and feature-phone users.

The order covers "all active subscribers" and makes no exception for messaging settings, so it also applies to foreign residents using an active Kenyan SIM. The sources do not say how many alerts will be sent, how often, or whether they will be in languages other than English.

What is still unknown

The sources do not report the results of the 2 October test, nor how the operators responded. The exercise is meant to test Kenya's National Early Warning System and the communications processes around emergency notifications, TechTrendsKE reports. The sources do not say when the first live El Niño alerts will be sent.