NAIROBI, Kenya — The Communications Authority of Kenya (CA) wants the High Court to throw out a case challenging its controversial directive requiring travelers to declare the International Mobile Equipment Identity (IMEI) numbers of their mobile devices upon entry into the country.
Filed by the Katiba Institute, the lawsuit argues that the regulation violates constitutional rights, enabling government surveillance and bypassing necessary public scrutiny.
However, the CA maintains that the matter should be handled outside the court system and has urged the High Court to dismiss it.
Communications Authority seeks the dismissal of case challenging IMEI declaration rule citizen.digital/news/communica…
Government Says IMEI Rule Fights Crime, Critics Call It Overreach
The directive, jointly issued by the CA and the Kenya Revenue Authority (KRA) in late 2023, mandates that all travelers disclose the unique IMEI identifiers of their mobile devices.
The government claims this measure is essential for cracking down on tax evasion and the illegal smuggling of mobile phones.
IMEI numbers act as digital fingerprints, allowing service providers to track a device’s location and communication history.
While authorities argue this enhances national security, privacy advocates see it differently.
In a petition filed in October 2023, the Katiba Institute labeled the regulation unconstitutional, asserting that it enables excessive government monitoring of individuals’ movements and conversations.
Additionally, the institute criticized the directive for lacking public participation, parliamentary oversight, and a Data Protection Impact Assessment—key legal safeguards.
High Court Puts IMEI Rule on Hold—For Now
Following the petition, the High Court suspended the directive, temporarily halting its enforcement. But the CA isn’t backing down.
HIGH COURT suspends State directive requiring mobile phone importers to register devices’ IMEI numbers for tracking, pending determination of case filed by Katiba Institute.
In its latest legal maneuver, the authority has filed a preliminary objection, arguing that the High Court lacks jurisdiction and that the case should first be heard by the Communications and Multimedia Appeals Tribunal.
The CA also insists that stakeholders—including mobile network operators and importers—were consulted before rolling out the directive.
Meanwhile, the KRA maintains that travelers were already informed about the new customs requirements.
Katiba Institute Challenges the Constitutionality of Public Notices by CA & KRA on IMEI Numbers: Katiba Institute has filed a Petition at the Nairobi High Court Constitutional and Human Rights Division challenging the constitutionality of the public notices issued by the…
What’s Next? Legal Showdown Set for March 21
With a court hearing set for March 21, 2024, the case could set a major precedent for data privacy, government surveillance, and digital rights in Kenya.
Will the judiciary uphold the directive as a necessary security measure, or will it strike it down as an overreach into personal privacy?
For now, travelers can breathe a sigh of relief—the controversial rule remains on pause. But the battle over digital privacy in Kenya is far from over.
