The High Court in Nairobi has suspended a directive by the Communications Authority of Kenya (CA) requiring phone dealers and travelers to declare their International Mobile Equipment Identity (IMEI) numbers for tax compliance.
Justice Chacha Mwita issued a conservatory order on Friday, November 22, temporarily halting the implementation of the CA’s October 24 notice titled, “Public Notice on Enhancing Tax Compliance of Mobile Devices in Kenya.” The judge warned that disobedience of the order would result in penal consequences.
The decision follows a petition by the Katiba Institute, which challenged the directive. The lobby group argued that requiring visitors and dealers to submit IMEI numbers would violate privacy rights and could enable mass surveillance. “Without safeguards, this could unlawfully expose individuals’ locations and communication history,” Katiba Institute claimed.
The CA’s notice had mandated travelers to declare their devices using the F88 passenger declaration form. Katiba Institute argued that this requirement constituted a breach of personal data rights and could discourage Kenyans from purchasing local SIM cards. The respondents have seven days to respond to the petition.
By Kenyans