The High Court issued orders quashing the notices by the Communication Authority of Kenya and the Kenya Revenue Authority requiring people to disclose their mobile devices’ International Mobile Equipment Identity (IMEI) numbers.
KRA had ordered the implementation of CA’s directive requiring all mobile phone importers to submit import entries including the IMEI numbers in the Customs system.
Further, passengers entering the country were also mandated to declare their respective phones’ IMEI numbers.
These directives were to take effect on January 1, 2025, before Katiba Institute filed a petition challenging the case.
IMEI numbers are unique identifiers that enable mobile service providers to track a device’s location within a 100-meter radius and access communication history.
The government stated that the directive aims to combat tax evasion and the illegal importation of mobile devices.
However, the directive raised concerns among the Katiba Institute, which questioned why the government entities sought to implement the directive by usurping Parliament’s mandate.
The petition also brought to light the implications of the directive on data privacy, government surveillance and the regulation of mobile devices in Kenya.
Appearing before Justice Chacha Mwita, the Institute argued that the requirement to submit IMEI numbers infringed on one’s right to privacy.
Further, the collection of IMEI numbers enabled the State access to private data without supervision, making it unconstitutional.
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