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Kenyan Regulator Issues Directive Exempting Government Emergency SMS from Opt-Out Rules During El Niño Period

On October 1, 2026, the Communications Authority of Kenya (CA) issued a formal directive to the country's four mobile network operators: Safaricom, Airtel Kenya, Telkom Kenya, and Jamii Telecommunications. During the national early warning drill and the El Niño preparedness and response phase, government-authorized emergency bulk A2P SMS messages are not subject to the subscription and opt-out rules governing commercial SMS.

Even if users have enabled Do Not Disturb (DND) or have already opted out of marketing messages, they will still receive government alerts such as disaster warnings, disaster preparedness tips, drill notifications, and emergency instructions sent through designated channels, including short code 1590. Operators must not apply opt-out blocking to such messages, and the network must prioritize ensuring the timely delivery of emergency SMS. System testing was already conducted on October 2. The legal basis for the directive derives from relevant provisions of the Constitution of Kenya, the "Access to Information Act, 2016," and License Condition No. 6 in operators' licenses concerning public emergency communications.

This exemption applies only to official government emergency communications; the opt-out compliance obligations for ordinary commercial A2P SMS remain unchanged. From an A2P industry perspective, the policy makes clear that public safety scenarios constitute an exception within the SMS compliance framework, and the compliance boundaries between emergency SMS channels (such as 1590) and commercial A2P channels are completely separate and must not be mixed in business operations. The regulator has not yet announced a definite end date for the exemption policy. If it follows the El Niño rainfall cycle, the special rules could remain in effect until 2027. Meanwhile, Kenya is also evaluating cell broadcast alert technology, but at this stage it continues to rely on bulk A2P SMS to deliver nationwide early warnings.