The government has suffered a major setback after the High Court issued an order suspending a notice by the Communications Authority of Kenya (CA) and the Kenya Revenue Authority (KRA) announcing the mandatory registration of phones.
Justice Chacha Mwita issued the order following a petition filed by the Katiba Institute at the High Court challenging the constitutionality of the directive, which requires individuals to register their International Mobile Equipment Identity (IMEI) numbers.
“A conservatory order is hereby issued, suspending the implementation of the notice issued by the Communications Authority of Kenya on October 24, 2024, titled ‘Public Notice on Enhancing Tax Compliance of Mobile Devices in Kenya,’ as well as the subsequent notice by the Kenya Revenue Authority on November 5, 2024, until December 18, 2024,” Justice Mwita ordered.
The judge also directed the CA, KRA, and other interested parties to file and serve their responses to the petition and application within seven days, before the next hearing on December 18, 2024.
The orders were issued after the Katiba Institute argued that the government’s directive is unjustified and disproportionate.
The Institute warned that granting CA and KRA access to mobile service provider data could allow them to monitor individuals’ movements and communications on an unprecedented scale.
IMEI numbers, uniquely tied to a device’s hardware, enable mobile providers to pinpoint a phone’s location within a 100-meter radius and access insights into a person’s communication history.
“Without proper safeguards, it appears the government is usurping powers it does not have to establish a mass surveillance system,” the Katiba Institute’s petition, filed on Friday, states.
The Institute further claims that the respondents have failed to provide sufficient details regarding safeguards, such as who will control the IMEI database, who will have access, and what security measures will be in place to protect the data.
The petitioner contends that the lack of adequate safeguards could lead to the misuse of the database to suppress dissent, monitor political opponents, or intimidate activists, thereby creating a chilling effect on free speech and political participation.
 and the Kenya Revenue Authority (KRA) announcing the mandatory registration of phones.){kind=link}