The Kenya National Civil Society Centre (KNCSC) has warned the Kenyan government against implementing its plan to spy on Kenyans' mobile phones.
According to the report, the processes leading to the decision to allow the taxman and mobile money providers to access mobile money transactions had not been subjected to adequate public participation.
KNSCS thus wants the government to come up with other creative, participatory, less invasive and obnoxious ways of enlisting more taxpayers without infringing on the right to privacy.
The activists want the government to allow Kenyans to participate in drafting realistic ways of broadening tax bases rather than being subjected to what they argued were punitive measures.
It thus argued that the right to privacy of all mobile money subscribers is respected and protected by the Constitution under Chapter 4 of the Bill of Rights.
“The KNCSC is only aware of the constant berating, sermonising and haranguing of the taxman by the President for not collecting enough taxes.”
“The admonitions and dress-downs of the taxman by the President notwithstanding, the right to privacy of mobile money users cannot be abrogated merely on account of such scolding and rebuke alone,” the statement reads in part.
KNCSC also highlighted that there was no law empowering the government to circumvent the rights of mobile money subscribers in the manner being proposed, terming it illegal and unconstitutional.
It also accused the taxman of being involved in the Communication Authority of Kenya's (CA) plan to roll out a Device Management System (DMS) which can monitor the activities of mobile phone subscribers.
“We are being made to believe now, that the reasons advanced by the CAK for the attempted intrusion into people’s right to privacy, or illegal devices, sounded genuine, convincing and conceivable, at least at face value.”
“The taxman is likely to be at the centre of the proposed plans to infringe on the right to privacy and is desirous of ensuring that as many Kenyans that earn taxable income, pay their due taxes to finance the country’s recurrent and development expenditures,” the report accused.
Communication Authority of Kenya (CA), on December 1 2023, announced its plan to go ahead with the installation plan amid concerns it will give the watchdog access to other customer data, including calls, messages and financial transactions.
