The High Court has quashed directives issued by the Communications Authority of Kenya (CA) and the Kenya Revenue Authority (KRA) that sought to compel mobile phone users and importers to submit their devices’ International Mobile Equipment Identity (IMEI) numbers to the government.
Justice Chacha Mwita ruled that the public notices issued in October and November 2024 lacked legal grounding and violated the Constitution. The directives, which were to take effect on January 1, 2025, required registration and submission of IMEI numbers for all mobile devices in use in Kenya, including personally imported phones.
The court found that the move infringed on Articles 24 and 31 of the Constitution. Article 24 allows for the limitation of rights only through clearly defined laws that meet tests of necessity and proportionality. Article 31 guarantees the right to privacy, shielding citizens from unwarranted government intrusion.
The case, brought by Katiba Institute, warned that collecting IMEI numbers could enable mass surveillance. As each IMEI uniquely identifies a device, when linked to other data such as location and communication logs, the state could potentially track individuals with precision. The Institute argued that the directives lacked parliamentary approval and were never subjected to public participation, as required under Article 94.
Justice Mwita concurred with Katiba Institute, stating that such a master database of mobile devices tied to individuals would give the state vast powers to monitor citizens without oversight. He emphasized that any limitations on constitutional rights must go through Parliament and be accompanied by due process.
The court not only nullified the notices but also prohibited the government and its agents from implementing any similar measures unless backed by proper legislation and public consultation.
This ruling underscores the importance of constitutional safeguards in the digital age. It reaffirms that privacy is a fundamental right and that any attempt to limit it must be legal, justified, and transparent. The decision sets a precedent for future data collection initiatives, ensuring they adhere strictly to the law and protect the rights of all Kenyans.
