The High Court has struck down the government’s order requiring Kenyans to register the International Mobile Equipment Identity (IMEI) numbers of their mobile phones when entering the country, calling it unconstitutional and a violation of privacy rights.
Delivering the ruling on Friday, July 18, Justice Chacha Mwita stated that the public notices issued by the Communications Authority of Kenya (CA) and the Kenya Revenue Authority (KRA) lacked any legal foundation and, therefore, breached the Constitution.
He emphasized that the requirement to disclose IMEI numbers infringes on Articles 24 and 31, which protect citizens’ rights to privacy and limit state powers on personal data.
The court also found that forcing individuals to submit their IMEI numbers could lead to government surveillance without proper legal checks or transparency. Because of this, Justice Mwita nullified the directives and barred the authorities from acting on or enforcing them.
IMEI numbers are unique identifiers connected to each mobile phone’s hardware. These codes allow network providers to locate a device within a 100-meter radius and gather data on a user’s calls, messages, and other forms of communication.
The case challenging the directive was brought by the Katiba Institute, a constitutional advocacy group, which argued that the move was unnecessary, invasive, and lacked justification.
The Katiba Institute specifically opposed a KRA notice that enforced the CA directive, which had required mobile device importers, manufacturers, and even passengers arriving in Kenya to declare and submit their phone’s IMEI numbers by filling out a declaration form.
In its argument, the institute warned that such a system could give the government unchecked access to private communications and enable widespread surveillance of individuals’ locations and behavior—without clear guidelines or oversight.
They pointed out that the state had not explained who would manage the IMEI database, who would be granted access, or what cybersecurity measures would protect the information.
Earlier, the High Court had already issued temporary orders blocking the rollout of this directive while the case was being heard. The government had introduced the IMEI registration policy as part of a broader effort to improve tax collection, device authentication, and monitoring compliance for mobile phones brought into or assembled within Kenya.
However, the court found that such aims could not justify breaching constitutional rights. With this ruling, the state is now permanently blocked from enforcing or reintroducing the IMEI registration mandate without proper legislation and safeguards in place.
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