CA IMEI directive overturned. The High Court has stopped the Communication Authority (CA) and Kenya Revenue Authority (KRA) from enforcing a directive requiring Kenyans to declare their mobile phones’ IMEI numbers.
This comes after the Katiba Institute filed a petition challenging the legality and constitutionality of the move.
Last year, KRA directed all phone importers to submit IMEI details through the Customs system. Additionally, travelers entering Kenya were told to declare their devices’ IMEI numbers starting January 1, 2025.
The government argued that the plan would help curb tax evasion and illegal mobile imports. However, Katiba Institute raised red flags over privacy violations, government surveillance, and data misuse.
During the hearing before Justice Chacha Mwita, the Institute said the IMEI collection gave the State unchecked access to private data. It claimed this violated Kenyans’ right to privacy and opened the door to mass surveillance.
The petition warned that a national IMEI database could lead to financial harm, suppress freedom of expression, and even threaten human rights. It also raised fears of political misuse, abductions, and enforced disappearances.
Katiba questioned who would manage the IMEI database, who could access it, and what security protocols were in place to protect citizens’ data. The lack of oversight, it said, risked abuse by authorities.
In his ruling, Justice Mwita agreed with the concerns. He quashed the notices and barred the State from implementing the directive.
The decision is a major win for digital privacy and a warning against government overreach in data collection.
