Petition filed challenging policy on Kenya-bound passengers to declare phone IMEI numbers

The Kenya Revenue Authority (KRA) introduced the policy on November 5, stating that the measure is part of an initiative to enhance tax compliance.

In its petition, the 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.

"When combined with additional personal information, such as names or flight and customs details, IMEI numbers can be used to identify individuals and thus constitute personal data," the petition reads.

The institute also raises concerns over the lack of transparency regarding safeguards for the collected data. It questions who will control and access the IMEI database, what security measures are in place, and whether effective remedies will be available for individuals aggrieved by the collection of this data.

Katiba warns of the potential dangers of collecting IMEI numbers without proper oversight, emphasizing the urgency to halt what it describes as a "terrible trend."

"The threat to fundamental rights and freedoms is apparent, and there is an urgent need to address the risks and harms posed by this directive," the institute stated.