The High Court has quashed directives issued by the Communications Authority of Kenya (CA) and the Kenya Revenue Authority (KRA) requiring all mobile device users and importers to declare International Mobile Equipment Identity (IMEI) numbers, citing privacy and constitutional concerns.
Justice Chacha Mwita, ruling on a petition filed by the Katiba Institute, found the directives unconstitutional and issued orders prohibiting the State from implementing or acting on them.
The controversial directives, issued in 2024 and set to take effect on January 1, 2025, required mobile phone importers to submit IMEI numbers into the Customs system. Additionally, arriving passengers were to declare the IMEI numbers of their personal devices at points of entry.
While the government defended the move as necessary to curb tax evasion and the smuggling of counterfeit phones, Katiba Institute raised alarm over privacy violations and the risk of state surveillance. IMEI numbers, which can track a phone’s location and access its communication history, were seen as a gateway to mass monitoring without judicial oversight.
“The creation of a master IMEI database amounts to unwarranted and unmitigated mass surveillance,” read the petition. “It poses serious threats to the rights to privacy, free expression, movement, and even the right to life.”
The Institute also criticized the lack of clear guidelines on data protection, access, and oversight, warning the database could be weaponized to intimidate political opponents, activists, and dissenters.
Justice Mwita upheld the petition’s concerns, stating that the government overstepped its mandate by bypassing Parliament and disregarding constitutional safeguards.
The ruling is a landmark victory for digital privacy advocates in Kenya and sets a precedent against intrusive surveillance measures lacking legal backing and public accountability.
Written By Rodney Mbua
