The High Court has ruled that the government's directive requiring Kenyans to register the International Mobile Equipment Identity (IMEI) numbers of their mobile phones upon entry into the country is unconstitutional.

In a judgement delivered on Friday, July 18, Justice Chacha Mwita found that the public notices issued by the Communications Authority of Kenya (CA) and the Kenya Revenue Authority (KRA) had no legal basis and therefore contravened the Constitution. 

The judge ruled that the requirement to submit IMEI numbers infringed on Articles 24 and 31 of the Constitution, which safeguard the right to privacy.

Further, the court held that compelling citizens to disclose IMEI numbers enabled potential State surveillance without oversight, rendering the directive unconstitutional.

Consequently, Justice Mwita issued orders quashing the notices and prohibiting the state from implementing or acting on those notices. 

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. 

The petition, filed by the Katiba Institute, argued that the directive was unjustified and disproportionate.

It also challenged KRA’s notice giving effect to the CA notice addressed to all mobile device importers, assemblers, and manufacturers, requiring them to submit the IMEI numbers. The notice further required passengers entering Kenya to declare their IMEI numbers and fill out a form.

The lobby group, in its earlier petition, 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.

The Institute also claimed that the government had failed to provide sufficient details regarding safeguards, such as who would control the IMEI database, who would have access, and what security measures were in place to protect the data. 

The latest comes after Mwita had issued conservatory orders blocking the implementation of the directive on IMEI registration.

The directive was introduced to ensure proper tax declaration, payment, and verification for mobile devices imported into or assembled within Kenya by using the IMEI numbers for effective compliance monitoring. By Walter Ngano, Kenyans.co.ke