The High Court has extended the suspension of a directive from the Communication Authority (CA) of Kenya and the Kenya Revenue Authority (KRA) that required travelers entering the country to declare their devices’ International Mobile Equipment Identity (IMEI) numbers. The directive, originally scheduled to take effect on November 1, 2024, has faced significant opposition from stakeholders citing concerns over privacy, digital rights, and inclusivity.
On Wednesday, Justice Chacha Mwita ordered respondents and interested parties to submit their responses and written submissions, stressing the need for compliance with the court’s previous order from November 22. This suspension will remain in effect until the case is heard on February 21, 2025.
The suspension follows a petition filed by the Katiba Institute, which argued that the directive raised serious constitutional issues. The institute raised concerns that allowing the CA and KRA access to mobile service provider data could lead to mass surveillance, enabling authorities to track individuals’ movements and communications. IMEI numbers, which are unique identifiers linked to a device’s hardware, allow mobile providers to track a phone’s location within a 100-meter radius and access its communication history.
The petitioners expressed concerns that such powers, without sufficient safeguards, could lead to misuse, such as suppressing dissent or monitoring political opponents. They argued that the directive could infringe on citizens’ rights to free speech and political participation. Furthermore, the Katiba Institute claimed the directive violated Article 35 of the Constitution, which mandates full disclosure of relevant information before implementing policies that significantly affect the public.
“The respondents were obligated to proactively disclose the Data Protection Impact Assessment conducted on the collection of IMEI data,” the petitioners stated. They emphasized the importance of mitigating the risks of infringing on privacy and other fundamental freedoms.
