NAIROBI, Kenya – The High Court has temporarily blocked the Kenyan government from enforcing a directive requiring passengers entering the country to declare the International Mobile Equipment Identity (IMEI) numbers of mobile devices they intend to use.
Justice Chacha Mwita issued the conservatory orders on Friday, pending the hearing of a petition filed by the Katiba Institute.
The disputed policy, introduced by the Kenya Revenue Authority (KRA) on November 5, was presented as part of efforts to enhance tax compliance on mobile devices.
However, the court order suspends its implementation along with a prior notice issued by the Communication Authority of Kenya (CAK) on October 24.
The case is set to be heard on December 18, 2024.
The Katiba Institute’s petition argues that the directive poses significant risks to individual rights, including privacy and freedom from surveillance.
The petition highlights that IMEI numbers, when linked with other personal data such as flight and customs information, can be used to identify individuals and track their activities.
“IMEI numbers constitute personal data, and their mandatory disclosure without safeguards opens the door to unwarranted state surveillance,” the institute argued.
The petition also questions the transparency and security of the data collection process.
It raises concerns about who would control the IMEI database, how it would be secured, and what recourse individuals would have if their data was misused.
The institute has criticized the policy as a troubling precedent, warning against a growing trend of intrusive directives.
“This directive represents a clear threat to fundamental rights and freedoms, and urgent action is needed to prevent the risks and harms it poses,” Katiba stated in its plea.
The court’s intervention comes amid growing public debate on the balance between national security, tax compliance, and individual privacy.
Advocates for civil liberties argue that policies like these could erode trust in government institutions and infringe on constitutional protections.
Justice Chacha Mwita issued the conservatory orders on Friday, pending the hearing of a petition filed by the Katiba Institute.
The disputed policy, introduced by the Kenya Revenue Authority (KRA) on November 5, was presented as part of efforts to enhance tax compliance on mobile devices.
However, the court order suspends its implementation along with a prior notice issued by the Communication Authority of Kenya (CAK) on October 24.
The case is set to be heard on December 18, 2024.
The Katiba Institute’s petition argues that the directive poses significant risks to individual rights, including privacy and freedom from surveillance.
The petition highlights that IMEI numbers, when linked with other personal data such as flight and customs information, can be used to identify individuals and track their activities.
“IMEI numbers constitute personal data, and their mandatory disclosure without safeguards opens the door to unwarranted state surveillance,” the institute argued.
The petition also questions the transparency and security of the data collection process.
It raises concerns about who would control the IMEI database, how it would be secured, and what recourse individuals would have if their data was misused.
The institute has criticized the policy as a troubling precedent, warning against a growing trend of intrusive directives.
“This directive represents a clear threat to fundamental rights and freedoms, and urgent action is needed to prevent the risks and harms it poses,” Katiba stated in its plea.
The court’s intervention comes amid growing public debate on the balance between national security, tax compliance, and individual privacy.
Advocates for civil liberties argue that policies like these could erode trust in government institutions and infringe on constitutional protections.
