The high court has suspended the government’s directive requiring mobile phones importers and assemblers to submit devices for IMEI numbers.
The operation was expected to begin in January 2025 which awaited the pending determination of a suit filed by Katiba institute.
Communications authority of Kenya (CAK) had published a notice requiring disclosure of IMEI numbers for mobile phone devices for use in the country in October 2024.
Photo: Courtesy
Later on, KRA directed that all phone manufacturers, retailers, and mobile network operators must upload each device IMEI number to its portal for tax compliance.
The Katiba institute moved to court saying that lack of sufficient safeguards after disclosure of IMEI numbers risks the fundamental rights and freedoms of an individual which may lead to illegal and unwarranted State surveillance.
They added that the directives were not tabled in Parliament, hence were unconstitutional, null and void.
Communications Authority of Kenya had explained that the new registration system was proposed by the Presidency to ensure tax compliance and uphold the integrity of products in the market.
Yet, Katiba Institute said creation of master database of IMEI threatens the right to privacy and is a building bock towards unmitigated mass surveillance.
They further said that the threat made by the government to switch off non-compliant mobile phone devices would deepen the digital divide.
According to Katiba institute, the divide would impact a range of economic, educational, and social outcomes, as the internet and digital tools for participation in modern society.
