Nairobi Kenya — The High Court has extended interim orders suspending public notices issued by the Communications Authority of Kenya (CA) and the Kenya Revenue Authority (KRA) requiring individuals entering Kenya to declare the International Mobile Equipment Identity (IMEI) numbers of their devices.
Justice Chacha Mwita, during a hearing on Wednesday, directed respondents and interested parties to file their responses and written submissions as previously instructed in the court's November 22 order. The case will be mentioned again on February 21, 2025.
"The court has extended the conservatory orders suspending the implementation of the public notices requiring the disclosure of mobile phone IMEI numbers until the hearing of the petition," Katiba Institute, the petitioner, stated.
The court's decision follows a petition filed by the Katiba Institute, which argued that the directive raised significant constitutional concerns. The institute warned that allowing CA and KRA access to mobile service provider data could lead to mass surveillance, potentially enabling the monitoring of individuals' movements and communications on an unprecedented scale.
IMEI numbers, uniquely tied to a device's hardware, enable mobile providers to track a phone's location within a 100-meter radius and access communication history. The petitioner claimed that such powers, without proper safeguards, could lead to abuse, including suppressing dissent, monitoring political opponents, or intimidating activists--thus stifling free speech and political participation.
"Without proper safeguards, it appears the government is usurping powers it does not have to establish a mass surveillance system," the Katiba Institute's petition stated.
The institute also highlighted a lack of clarity regarding the management of the IMEI database, including who would control it, who would have access, and what measures would be in place to secure the data from misuse.
The petition further argued that the threat to disconnect non-compliant devices would deepen the digital divide, impacting economic, educational, and social opportunities. The institute emphasized that digital tools are vital for modern societal participation, and such measures could disproportionately harm marginalized groups.
On October 24, the Communications Authority of Kenya announced a collaboration with KRA to enhance tax compliance for mobile devices imported or assembled in the country. The directive required local mobile phone assemblers and importers to disclose IMEI numbers in their import documentation, which would then be registered in a National Master Database for tax compliance.
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CA Director General David Mugonyi explained that mobile network operators would only connect devices verified as tax-compliant via a whitelist database. Non-compliant devices would be flagged in a "gray list" for eventual blacklisting from network access.
The controversial initiative, which was set to begin on November 1, 2024, has faced widespread criticism, with stakeholders questioning its potential impact on privacy, digital rights, and inclusivity.
