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.
“The unnecessary creation of a master database of IMEI numbers threatens the right to privacy and is a building block towards unwarranted and unmitigated mass surveillance,” the petition read in part.
“Unwarranted and unmitigated mass surveillance results will pose a risk to the fundamental rights and freedoms of individuals. Mass surveillance could result in financial and non-financial harms to individuals.”
“Mass surveillance negatively impacts the right to freedom of expression, the right to freedom of the media, the right to access information, the right to freedom of movement, the right to a fair trial, the right to human dignity, right to freedom of association, and the right to political rights.”
Katiba Institute questioned how the IMEI data database would be managed, who would have access and the security measures in place to protect such data.
Failure to provide such regulations, the Institute feared, would stir up a hornet’s nest as the State would use the database to settle political scores.
“The lack of sufficient safeguards and guardrails can be exploited to stifle dissent, monitor political opponents, or intimidate activists, creating a chilling effect on free speech and political engagement. Consequently, endless abductions and potentially, state-sanctioned killings and enforced disappearances will be the norm of the day.”
After reviewing the petition, Justice Mwita ordered the notices to be quashed and prohibited the State from implementing or acting on the directives.
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