NAIROBI, Kenya – The High Court has nullified government directives requiring passengers and mobile phone importers to declare the unique identification numbers of their devices, ruling the move unconstitutional and a threat to personal privacy.
Justice Chacha Mwita on Friday quashed the notices issued by the Communications Authority of Kenya (CA) and the Kenya Revenue Authority (KRA) compelling individuals to submit their phones’ International Mobile Equipment Identity (IMEI) numbers upon importation or entry into the country.
The controversial directive, which was to take effect on January 1, 2025, had been challenged in court by constitutional watchdog Katiba Institute, which argued the move amounted to unlawful surveillance and an infringement of constitutional rights.
“The unnecessary creation of a master database of IMEI numbers threatens the right to privacy and is a building block towards unwarranted and unmitigated mass surveillance,” Katiba Institute said in its petition.
The IMEI number is a unique identifier assigned to every mobile device, which allows authorities and service providers to track the location of a phone within a 100-meter radius and access communication records.
The government defended the directive, saying it was intended to curb tax evasion and clamp down on the illegal importation of mobile phones.
However, Katiba Institute raised the alarm over the scope, purpose, and lack of legal safeguards around the collection and handling of such data.
The petitioners argued that no law passed by Parliament allowed the mass collection of IMEI data, and that the directive amounted to an overreach of executive authority.
They warned that the absence of clear regulatory oversight and data protection mechanisms could result in the misuse of personal data by the State—including surveillance of political opponents, journalists, and civil society activists.
“Mass surveillance negatively impacts the right to freedom of expression, freedom of movement, access to information, and even the right to life,” the Institute submitted.
Justice Mwita agreed with the petitioners, declaring that the notices by KRA and CA lacked a proper legal foundation and violated the constitutional right to privacy.
He prohibited the State from implementing or acting on the quashed directives.
The ruling is expected to be a landmark in the ongoing national and global debate over data privacy, digital surveillance, and the boundaries of state power in regulating technology.
