The High Court has suspended the mandatory registration of the International Mobile Equipment Identity (IMEI) numbers of mobile phones imported into the country.
Justice Chacha Mwita issued the conservatory order on Friday pending the hearing of an application by the Katiba Institute.
“It is hereby ordered that in the meantime, a conservatory is hereby issued suspending implementation of the notice issued by the Communication Authority of Kenya on 24th October 2024 titled “Public Notice on enhancing tax compliance of mobile Devices in Kenya” as well as the subsequent notice by Kenya Revenue authority on 5th November 2024 until 18th December 2024.” the judge ordered.
Katiba Institute had moved to court to challenge the government directive citing legal flaws and privacy concerns.
This is after the Communications Authority ordered all visitors to the country and all mobile phone dealers to submit IMEI codes for imported and locally assembled mobile phones.
According to the notice issued by the CA, all passengers entering Kenya would be required to declare their mobile devices on the F88 passenger declaration form before proceeding with their activities.
The petitioners pointed out that registration would expose the private data of mobile phone users.
“Parliament is the only body constitutionally mandated to make laws. Where state agencies such as the Respondents make regulations, they must be tabled in parliament for scrutiny and consideration,” Katiba Institute noted in its statement.
The Institute also raised concerns about the lack of transparency regarding the safeguards for the data collected. It questioned who will control and access the IMEI database, what security measures will be in place, and whether effective remedies will be available to individuals harmed by the collection of this data.
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