Communications Authority seeks dismissal of case challenging IMEI declaration rule

The CA argues that the court lacks jurisdiction over the matter and insists that it should be resolved through alternative dispute resolution mechanisms.

In late 2023, the Communications Authority of Kenya, in collaboration with the Kenya Revenue Authority (KRA), issued notices mandating that all travelers entering the country declare the IMEI numbers of their mobile devices.

IMEI numbers are unique identifiers that enable mobile service providers to track a device’s location within a 100-meter radius and access communication history. The government stated that the directive aims to combat tax evasion and the illegal importation of mobile devices

However, the Katiba Institute filed a petition with the High Court in October 2023, contesting the directive.

The institute argued that the requirement is unconstitutional, as it facilitates government surveillance by allowing authorities to monitor individuals’ movements and communication histories.

Additionally, the institute claimed that the directive was implemented without public participation, parliamentary approval, or a Data Protection Impact Assessment.

Following the petition, the High Court suspended the CA’s directive.

In response, the Communications Authority has filed a preliminary objection, urging the court to dismiss the case. The CA contends that the High Court’s jurisdiction has been improperly invoked and that the matter should first be addressed by the Communications and Multimedia Appeals Tribunal.

The authority also stated that stakeholders, including mobile network operators and importers, were consulted prior to the directive’s implementation. Furthermore, the KRA had already informed travelers of the customs requirements.

The case is scheduled for hearing on March 21, 2024. The outcome of this legal battle will have significant implications for data privacy, government surveillance, and the regulation of mobile devices in Kenya.