High Court Blocks Government's Plot to Tap Phone Calls

The High Court on Thursday declared a plan by the government to tap into private phone conversations is illegal and a violation of consumer rights.

In a ruling delivered by Judge John Mativo, the court maintained that the move by Communications Authority to install spy gadgets is inconsistent with the Constitution.

According to judge Mativo, the decision to tap into phone calls needed adequate public participation before implementation.

He noted that since the CA had not done so, it has been prohibited from implementing the decision or installing any connectivity through Broadband Communication Network to spy on subscribers.

[caption caption="Judge John Mativo"][/caption]

Human rights activist Okiya Omtatah, who lodged the case, opposed the plan on grounds that the CA was required to draft and implement a meaningful programme of public participation and stakeholders’ engagement in the process leading to the resolution.

The Communications Authority maintained it had written to the mobile phone companies requesting to be allowed to tap into conversations.

CA wanted to tap into conversations by planting spy gadgets on all the networks.

Justice Mativo, however, found that the mobile firms were not engaged before the resolution was reached.

Omtatah told Kenyans.co.ke that the government wanted to be allowed to listen to your calls, read your text messages and review your mobile money transactions.

[caption caption="Activist Okiya Omtata"][/caption]

"The claimed that they wanted to get counterfeit phones which are being used to make phone calls with international numbers," Omtatah stated.

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