Wamuzi News Ke
In a landmark victory for privacy rights, the High Court has struck down directives from the Kenya Revenue Authority (KRA) and Communications Authority (CA) mandating the collection of IMEI numbers from mobile devices.
The court ruled yesterday that the requirements violated constitutional protections and amounted to unchecked state intrusion into personal communications.
The ruling follows a petition by the Katiba Institute, which argued that the directives—introduced in late 2024—would enable mass surveillance and compromise citizens’ right to privacy .
Key Details of the Verdict.
Unconstitutional Overreach: Justice Chacha Mwita held that forcing individuals and importers to register IMEI numbers with KRA and CA breached the right to privacy, amounting to state surveillance without proper legislative backing .
Temporary Orders Made Permanent: What began as a conservatory injunction has now been elevated to a final judgment. The court dismissed the government’s justification of enhancing tax compliance and combating counterfeit devices, citing inadequate legal safeguards and transparency .
Data Protection Failures: Petitioners demonstrated that IMEI registration would enable tracking of device location, call patterns, and personal data—captured without user consent and with no framework on data storage, access control, or retention .
Rapid Fallout Expected.
1. Government Rollback: Both KRA and CA must immediately rescind their IMEI registration requirements. Any enforcement actions from late 2024 onwards are now legally untenable.
2. Privacy Precedent Set: The decision reinforces constitutional protections under Article 31 and sets a high bar for future surveillance-related regulations. It also echoes a 2018 High Court ruling that barred mass telecom surveillance via device management systems .
3. Public & Corporate Reprieve: Mobile users, importers, and network operators — previously facing potential blacklisting for non-compliance — can now operate without fear of punitive disconnection or sanctions.
Reaction & Implications.
Katiba Institute Response: Praised as a major victory for digital rights, legal advocates emphasized the importance of preserving privacy and demanding deeper legislative scrutiny of similar tech-driven policies .
Corporate Relief: Mobile network operators welcomed the ruling, which spares them from enforcing controversial device whitelisting schemes tied to IMEI data.
Civil Liberties Win: Analysts say the verdict is a wake-up call: future government data collection must comply with legal safeguards, transparency, and public participation.
The Way Forward.
With mass surveillance checks now in place, the government must:Introduce any future IMEI-related measures through Parliament, with mandatory public consultation.Develop clear data protection frameworks — including where IMEI data is stored, who can access it, and how long it’s retained.
Explore less intrusive ways to tackle tax evasion and counterfeit imports without compromising citizens’ fundamental rights.
