Katiba Institute has filed a petition at the Nairobi High Court challenging the government's directive on the registration of mobile phones.
In a petition filed on Friday, November 22, the Institute argued that the move by the Communication Authority of Kenya (CA) requiring all individuals to register their International Mobile Equipment Identity (IMEI) numbers was unjustified.
Katiba Institute also expressed that the directive would infringe on the data privacy of mobile phone users.
"Upon the registration of phones, IMEI numbers constitute personal data and, when read in combination with specific data held by mobile service providers, can identify a person’s susceptible information, including location and communication history," read the statement in part.
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Katiba Institute Challenges the Constitutionality of Public Notices by CA & KRA on IMEI Numbers:
— Katiba Institute (@katibainstitute) November 22, 2024
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… pic.twitter.com/1vixBQLYWU
"In addition, the newly introduced practice of ‘whitelisting’ of devices means that only a device with its IMEI registered on the CAK/KRA databases can connect to mobile networks. Thus, anyone not registering their IMEI cannot buy a SIM card from a Kenyan mobile network provider."
The group also noted that the petition was informed by the lack of Parliament's involvement in making the new regulations.
Consequently, owing to the concerns raised in the petition, Katiba Institute is seeking to have the court issue conservatory orders blocking the implementation of the directive until the matter is heard and determined.
Gov't Stand
While appearing before the National Assembly’s Committee on ICT, on November 6, CA Director General David Mugonyi explained that the directive on registration was to ensure that Kenyans meet their tax obligations.
This is after it emerged that some phones in the country were not tax-compliant, hindering KRA from meeting their targets.
On the other hand, he maintained that KRA would not have access to people's data.
“This engagement has nothing to do with the transactions we carry out on our phones. We want to ensure the right products are in the country, and the tax compliance aspect is strictly for that. KRA will not have access to people’s data," he stated.
The IMEI directive took effect on November 1, 2024.
