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NAIROBI, Kenya, Nov 22 – Katiba Institute has filed a petition challenging the constitutionality of public notices issued by the Communications Authority of Kenya (CA) and the Kenya Revenue Authority (KRA), which require individuals to register their International Mobile Equipment Identity (IMEI) numbers.
The lobby which seeks to champion constitutionalism in the country argues that the directive is unjustified and disproportionate.
It warned granting CA and KRA access to mobile service provider data could allow them to monitor individuals’ movements and communications on an unprecedented scale.
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.
“Without proper safeguards, it appears the government is usurping powers it does not have to establish a mass surveillance system,” Katiba Institute’s petition filed on Friday reads.
The Institute also claims that the respondents have failed to provide sufficient details regarding safeguards, such as who will control the IMEI database, who will have access, and what security measures are in place to protect the data.
The petitioner contends that the lack of adequate safeguards could lead to the misuse of the database to suppress dissent, monitor political opponents, or intimidate activists, creating a chilling effect on free speech and political participation.
“The threat by the respondents to switch off non-compliant mobile devices will deepen the digital divide. This divide affects economic, educational, and social opportunities, as digital tools are essential for modern societal participation,” the petition states.
Katiba Institute is seeking conservatory orders to suspend the notices issued by the CA and KRA, posted on October 24, 2024, and November 5, 2024, respectively.
Restraining order
The petition also seeks an order to restrain the respondents or their agents from taking adverse action against individuals who do not comply with the notices pending a full hearing of the case.
This follows the CA’s announcement of its collaboration with the KRA to enhance tax compliance for mobile devices imported or assembled in Kenya.
The CA directed local mobile phone assemblers and importers to include IMEI numbers in their import documentation.
Starting November 1, 2024, the KRA will use these numbers to register devices in the National Master Database for tax compliance.
CA Director General David Mugonyi explained that mobile network operators will only connect devices verified as tax compliant through a whitelist database.
CA will require operators to identify non-compliant devices in a “gray list” for eventual blacklisting from network access.
“Retailers and wholesalers must ensure they only sell or distribute tax-compliant mobile devices. The authority will provide a means to verify compliance before devices are sold to retailers or end users,” Mugonyi stated.
He added that the new requirements will only apply to devices imported or assembled after November 1, 2024.
Devices already connected to the mobile network as of October 31, 2024, will not be affected.
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