The High Court has ruled that the government’s directive requiring Kenyans to register the International Mobile Equipment Identity (IMEI) upon entry into the country is unconstitutional.
In a ruling delivered on Friday, July 18, Justice Chacha Mwita ruled that the requirement to submit IMEI numbers infringed on Articles 24 and 31 of the constitution, which safeguard the right to privacy.
The court also ruled that compelling citizens to disclose IMEI numbers enabled potential State surveillance without oversight, making the directive unconstitutional.
The petition was filed by Katiba Institute, which argued that the directive was unjustified and inappropriate.
The Institute also challenged KRA’s notice giving effect to the CA notice addressed to all mobile device importers, assemblers and manufacturers, requiring them to submit IMEI numbers.
They further claimed that the government had failed to provide sufficient details regarding safeguards, such as who controls the IMEI database, who would have access and what security measures were in place to protect the data.
