The High Court on Friday dealt a blow to the government after extending its earlier orders barring the implementation of directives requiring Kenyans to register their International Mobile Equipment Identity(IMEI) numbers upon a mobile phone's entry into the country.
Following the directive issued by Justice Chacha Mwita on March 21, the government will have to wait four more months before it can proceed with the directive mandating the registration of IMEI numbers, which has in the past attracted criticism over privacy violations.
The development came after a lobby group, Katiba Institute, filed a petition challenging the constitutionality of public notices issued by the Communications Authority of Kenya (CA) and the Kenya Revenue Authority (KRA), which required individuals to register their IMEI numbers.
The lobby which seeks to champion constitutionalism in the country argued that the directive was unjustified and disproportionate in its petition filed on November 22, 2025.
''On 21 March 2025, the Katiba Institute team was before Justice Chacha Mwita to highlight submissions in HCCRPET/647/2024, challenging the publication of notice by the Communications Authority of Kenya requiring registration of IMEI numbers at the point of phone entry into the country and mobile phone operators to only connect devices whose IMEI numbers have been registered and submitted to the CA. The Court extended interim orders till judgment is delivered on 4 July 2024,'' Katiba Institute shared in a statement
It also challenges KRA’s notice giving effect to the CA notice addressed to all mobile device importers, assemblers, and manufacturers to submit the IMEI numbers. The notice further required passengers entering Kenya to declare their IMEI numbers and fill out a form.
The lobby in its earlier petition warned that granting CA and KRA access to mobile service provider data could allow them to monitor individuals’ movements and communications on an unprecedented scale.
IMEI numbers, uniquely tied to a device’s hardware, enable mobile providers to pinpoint a phone’s location within a 100-meter radius and access insights into a person’s communication history.
''Without proper safeguards, it appears the government is usurping powers it does not have to establish a mass surveillance system,'' Katiba Institute’s petition read in part.
The Institute also claimed that the government failed to provide sufficient details regarding safeguards, such as who will control the IMEI database, who will have access, and what security measures were in place to protect the data.
This is the second time Justice Mwita has issued the conservatory orders extending the rollout of the directive by the government.
In December last year, Justice Mwita extended the orders to February this year, when however the case did not proceed due to the late filing of responses by the government.
