The High Court has extended its suspension of a directive from the Communication Authority (CA) of Kenya and the Kenya Revenue Authority (KRA) requiring travelers entering the country to declare their devices’ International Mobile Equipment Identity (IMEI) numbers. This directive, originally set to take effect on November 1, 2024, has faced significant backlash from stakeholders citing privacy, digital rights, and inclusivity concerns.
During a hearing on Wednesday, Justice Chacha Mwita instructed respondents and interested parties to submit their responses and written submissions, emphasizing compliance with the court’s November 22 order. This extension will remain in effect until the petition is heard on February 21, 2025.
The suspension originated from a petition filed by the Katiba Institute, which argued that the directive raised critical constitutional issues. According to the institute, allowing the CA and KRA access to mobile service provider data could facilitate mass surveillance, enabling authorities to track individuals’ movements and communications on an unprecedented scale.
IMEI numbers are unique identifiers tied to a device’s hardware, enabling mobile providers to pinpoint a phone’s location within a 100-meter radius and access its communication history. The petitioners expressed concerns that such extensive powers, without adequate safeguards, could lead to abuses such as suppressing dissent, monitoring political opponents, or intimidating activists. These actions, they warned, could undermine free speech and political participation.
The Katiba Institute also contended that the directive violated Article 35 of the Constitution, which requires full disclosure of relevant information before implementing policies that significantly affect the public.
“The respondents were obligated to proactively disclose the Data Protection Impact Assessment conducted on the collection of IMEI data,” stated the petitioners’ documents.
In their plea, the institute urged the court to halt the implementation of the directive. They emphasized, “Without a data impact assessment, the risk of infringing on the right to privacy and other fundamental freedoms remains unmitigated.”
The initiative’s suspension highlights ongoing debates over balancing technological advancements with citizens’ constitutional rights and freedoms.
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