NAIROBI, Kenya, Nov 22 – The High Court has suspended notices by the Communications Authority and the Kenya Revenue Authority (KRA) that required individuals entering Kenya to declare the International Mobile Equipment Identity (IMEI) of their devices.
This followed a suit by the Katiba Institute challenging the directive, citing constitutional concerns.
“A conservatory is hereby issued suspending implementation of the notice
issued by 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,” Justice Chacha Mwita ruled.
In its suit papers, Katiba Institute warned 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,” Katiba Institute’s petition filed on Friday reads.
The Institute also 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 are 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, creating a chilling effect on free speech and political participation.
“The threat by the respondents to switch off non-compliant mobile devices will deepen the digital divide. This divide affects economic, educational, and social opportunities, as digital tools are essential for modern societal participation,” the petition states.
The petition also seeks an order to restrain the respondents or their agents from taking adverse action against individuals who do not comply with the notices pending a full hearing of the case.
This follows the CA’s announcement of its collaboration with the KRA to enhance tax compliance for mobile devices imported or assembled in Kenya.
The CA directed local mobile phone assemblers and importers to include IMEI numbers in their import documentation.
Starting November 1, 2024, the KRA will use these numbers to register devices in the National Master Database for tax compliance.
CA Director General David Mugonyi explained that mobile network operators will only connect devices verified as tax compliant through a whitelist database.
CA will require operators to identify non-compliant devices in a “gray list” for eventual blacklisting from network access.
Source: capitalfm
