A court has scheduled December 18, 2024, for the hearing of a case challenging the Kenyan government’s directive requiring passengers to declare the International Mobile Equipment Identity (IMEI) numbers of their mobile devices.
The petition, filed by Katiba Institute, opposes the Kenya Revenue Authority’s (KRA) policy, which aims to curb the rise of unregistered mobile devices evading tax and safety regulations. The policy is set to take effect on January 1, 2025.
Last Friday, the High Court issued conservatory orders, temporarily halting the government’s enforcement of the policy until the petition is resolved.
Katiba Institute argues that the mandatory disclosure of IMEI numbers violates individuals’ fundamental rights and freedoms by enabling unauthorized state surveillance. IMEI numbers, unique to each device, allow mobile service providers to track a phone’s location within a 100-meter radius and access communication history.
The institute claims that, without proper safeguards, the policy could lead to mass surveillance, overstepping the government’s authority. The petition further criticizes the lack of transparency regarding key safeguards, such as who will control the IMEI database, who will access it, and what measures will be taken to secure the data.
The petitioner warns that the database could be misused to target political opponents, suppress dissent, or intimidate activists, thus threatening free speech and political engagement.
“The threat to deactivate non-compliant devices will worsen the digital divide, restricting access to economic, educational, and social opportunities,” the petition states.
Justice Chacha Mwita has instructed all respondents to file and serve their responses before the hearing date.
