Katiba Institute has filed a petition at the High Court in Nairobi challenging the constitutionality of the order by the Communications Authority of Kenya (CA) calling for the mandatory registration of phones.
In the notice issued on October 24, the government agency directed all importers to submit details of imported phones, including cell phone International Mobile Equipment Identity (IMEI) numbers, from January 1, 2025.
Under the new directives, all passengers entering Kenya would also be required to declare their mobile devices on the F88 passenger declaration form and provide the necessary details and IMEI numbers for devices intended for use during their stay.
In its suit filed on Friday, November 22, the Katiba Institute argued that the move would unlawfully allow mobile phone providers to reveal an individual’s location and allow the government to access a person’s communication history.
“Without the proper safeguards, it appears that the government is usurping authorities it does not have in the first place to establish a mass surveillance system,” read part of the petition.
According to the petitioner, if CA is given access to information stored by mobile service providers, it would be able to monitor people’s movements and calls in an unprecedented manner.
“We contend that these regulations/notices are problematic. One problematic aspect is the new requirement that individuals declare their mobile phones’ IMEI numbers. Upon the registration of phones, IMEI numbers constitute personal data,” the Katiba Institute further argued.
The lobby group further claimed that the mandatory declaration of phone IMEI codes would deter many Kenyans from purchasing Subscriber Identity Module (SIM) cards from local mobile network providers.
Katiba Institute also noted that the move threatened the right to privacy as the government would be able to access an individual’s data without their permission.
“The unnecessary creation of a master database to give comprehensive access to personal IMEI numbers to government authorities threatens the right to privacy. It is the first step towards possible mass surveillance,” the petitioner told the court.
The Communications Authority was also faulted for failing to involve the National Assembly in formulating the new policy, which kicks off in January next year. According to the petitioner, parliament is the only body constitutionally mandated to make laws.
"When state agencies, like the Respondents, create regulations, they have to be presented to parliament for review and approval," Katiba Institute asserted that regulations are void if they are not presented to Parliament.
