The High Court in Nairobi has temporarily halted the implementation of a controversial directive by the Communication Authority of Kenya (CA) that required travellers and phone dealers to declare their International Mobile Equipment Identity (IMEI) numbers.
Justice Chacha Mwita issued a conservatory order on Friday, November 22nd, in response to a petition filed by the Katiba Institute. The institute argued that the CA’s directive infringed on privacy rights and could lead to mass surveillance.
“Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same,” the judge added.
The CA’s notice, issued on October 24th, aimed to enhance tax compliance for mobile devices. It required travellers to declare their devices on the F88 passenger declaration form and phone dealers to submit IMEI numbers for imported and locally assembled phones.
The Katiba Institute expressed concerns that the government could misuse the IMEI data to track individuals’ locations and communication history.
“Without the proper safeguards, it appears that the government is usurping authorities it does not have in the first place to establish a mass surveillance system,” Katiba stated.
Katiba Institute also argued that the mandatory declaration could deter Kenyans from purchasing SIM cards from local providers.
“We contend that these regulations/notices are problematic. One problematic aspect is the new requirement that individuals declare their mobile phones’ IMEI numbers. Upon the registration of phones, IMEI numbers constitute personal data.”
A hearing on the matter is scheduled for December 18, 2024.
