The Communications Authority of Kenya (CA) is asking the High Court to dismiss a case brought by the Katiba Institute. This case challenges the rule that requires travelers to declare their mobile device’s International Mobile Equipment Identity (IMEI) numbers when entering Kenya at airports and other points of entry.
The CA argues that the court isn’t the right place to settle this issue and suggests that alternative ways should be explored.
In 2023, the CA, together with the Kenya Revenue Authority (KRA), started enforcing this rule. They believe it’s crucial for tackling tax evasion and stopping illegal imports of mobile devices. IMEI numbers are unique to each device and can be used for tracking and accessing communication history within certain limits.
However, the Katiba Institute contends that this requirement violates constitutional rights by allowing government surveillance, thus infringing on personal privacy. They also highlight the absence of public consultation, parliamentary approval, and a Data Protection Impact Assessment before the rule was put into effect. As a result, the High Court temporarily halted the directive.
In response, the CA has raised a preliminary objection, claiming the High Court’s involvement is misplaced. They recommend that the issue should be addressed by the Communications and Multimedia Appeals Tribunal.
The CA also defends its position by stating that they consulted relevant stakeholders, including mobile operators and importers, and that KRA had informed travelers about these customs requirements beforehand.
The case is set for a hearing on March 21, 2024. The outcome could have significant implications for data privacy, government surveillance, and mobile device regulation in Kenya.
