Case challenging declaration of phone IMEI numbers to be heard on Dec 18

Case challenging declaration of phone IMEI numbers to be heard on Dec 18

An illustration photo of a mobile phone user. | FILE/REUTERS

The High Court has directed that a case challenging government’s requirement for passengers entering Kenya to declare the International Mobile Equipment Identity (IMEI) numbers be heard on December 18, 2024.

Further justice Chacha Mwita has directed that respondents in the case to file and serve their responses before the hearing date.

Similarly Ideate Tech Policy Africa Limited has been enjoined in the case as amicus curiae.
In an application by lawyer Ochieng Oginga, the company told the court that they do not intend to forestall or delay the hearing of the petition adding that the organisation aims to inform and influence tech policy processes.

Last Friday the court issued orders barring the government from implementing orders requiring passengers entering Kenya to declare the IMEI numbers of any mobile devices they intend to use while in the country.

Justice Chacha Mwita issued the conservatory orders on Friday pending the hearing of a petition filed by Katiba Institute.

The policy, announced by the Kenya Revenue Authority (KRA), aimed at curbing the rise of unregistered devices that often avoid tax and safety standards. It was set to take effect on January 1, 2025.

Katiba Institute argues that the mandatory disclosure of IMEI numbers poses a significant risk to individuals' fundamental rights and freedoms. It contends that this requirement could enable unwarranted state surveillance.
 

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