(Nairobi) – The High Court has temporarily suspended directives by the Communications Authority of Kenya (CA) and the Kenya Revenue Authority (KRA) that required individuals entering Kenya to declare the International Mobile Equipment Identity (IMEI) numbers of their devices.
The suspension follows a petition filed by the Katiba Institute, which raised constitutional concerns over the notices. Justice Chacha Mwita ruled to halt the directives until December 18, 2024, pending a full hearing of the case.
Key Details of the Court Ruling
| Directive Suspended | Notice Date |
|---|---|
| Public Notice on Tax Compliance (CA) | October 24, 2024 |
| IMEI Declaration Notice (KRA) | November 5, 2024 |
The Katiba Institute argued that the directives, if implemented, would allow the government unprecedented access to sensitive personal data, including individuals’ locations and communication histories. IMEI numbers, which are unique to each mobile device, can pinpoint a device’s location within a 100-meter radius and provide access to detailed communication logs.
The petition warned that such access, without sufficient safeguards, could lead to mass surveillance, misuse of data, and threats to privacy and free speech. It emphasized that an unregulated database of IMEI numbers could potentially be used to suppress dissent, monitor political opponents, or intimidate activists.
The court ruling also cited concerns about the absence of clear information regarding the management of the IMEI database, including who would control access, what security measures would protect the data, and how the data would be used.
Implications for Mobile Device Tax Compliance
The Communications Authority had initially announced the directive as part of its collaboration with the KRA to enhance tax compliance for mobile devices. According to the plan, local mobile phone importers and assemblers would be required to include IMEI numbers in their import documentation.
Starting November 1, 2024, the KRA intended to register these IMEI numbers in the National Master Database to ensure tax compliance. Devices verified as tax-compliant were to be whitelisted and allowed access to mobile networks, while non-compliant devices would be flagged in a “gray list” and eventually blacklisted.
Broader Concerns Raised by the Petition
The Katiba Institute highlighted the risk of a widened digital divide if non-compliant devices were deactivated, as digital tools are critical for economic, educational, and social participation. The petition also warned of potential intimidation and chilling effects on political engagement.