The High Court in Nairobi has suspended the notice issued by the Communication Authority of Kenya directing phone dealers and those travelling to Kenya to declare their International Mobile Equipment Identity (IMEI) Numbers to ensure tax compliance.

Justice Chacha Mwita in a notice dated Friday, November 22, issued a conservatory order suspending the notice issued by the Authority on October 24 titled, "Public Notice on Enhancing Tax Compliance of Mobile Devices in Kenya." 

"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," read the court order.

"Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same," the judge added.

In the directive, Justice Chacha Mwita ordered the petitioners to immediately serve the respondents with the applications after which the latter will have seven days to file a response.

The court decision comes hours after Katiba Institute filed a petition challenging the move by the Communications Authority that directed all visitors arriving in the country and all phone dealers to submit IMEI codes for imported and locally assembled phones. 

In the notice shared by CA, all passengers entering Kenya would be required to declare their mobile devices on the F88 passenger declaration form before proceeding with their activities.

Katiba Institute in its petition claimed that the Authority's move would unlawfully allow mobile phone providers to expose an individual’s location and allow the government to trace one's communication history.

“Without the proper safeguards, it appears that the government is usurping authorities it does not have in the first place to establish a mass surveillance system,” the lobby group stated.

The petitioner further claimed that in case the regulator is given access to information stored by mobile service providers, it would be able to monitor people’s movements and calls in an unprecedented manner. 

“We contend that these regulations/notices are problematic. One problematic aspect is the new requirement that individuals declare their mobile phones’ IMEI numbers. Upon the registration of phones, IMEI numbers constitute personal data,” the Katiba Institute further argued.

Katiba Institute also argued that the mandatory declaration of phone IMEI codes would deter many Kenyans from purchasing Subscriber Identity Module (SIM) cards from local mobile network providers. By Timothy Cerullo , Kenyans.co.ke