High Court blocks government from collecting mobile IMEI data

A move by the government to collect unique identification numbers for all mobile phones in Kenya has been blocked by the High Court, which ruled that the plan was unlawful and a serious threat to privacy.

The court declared that the directives issued by the Communications Authority (CA) and the Kenya Revenue Authority (KRA) requiring individuals to submit their mobile device IMEI numbers had no legal foundation and violated the Constitution.

In a ruling delivered by Justice Chacha Mwita, the court found the public notices issued by CA and KRA unconstitutional, stating they lacked support from any existing law.

The orders, which were made public in October and November 2024, were meant to take effect from January 1, 2025, and would have required every mobile phone user and importer to register and submit their device’s International Mobile Equipment Identity (IMEI) number.

Justice Mwita said the directives breached Articles 24 and 31 of the Constitution. Article 24 states that the limitation of rights and freedoms must only be done through clear laws and must meet tests of necessity and proportionality.

Article 31, on the other hand, guarantees the right to privacy, shielding individuals from unnecessary government intrusion.

The case was filed by Katiba Institute, which raised concerns that IMEI numbers can be used to track people.

The organisation explained that the IMEI is a unique number tied to a mobile phone, and when combined with other data, it could allow the government to track someone’s location and movement in real time.

According to Katiba Institute, the creation of such a database would give the state excessive power to monitor the public, opening the door to abuse and illegal surveillance.

It warned that this kind of access could endanger core freedoms and affect the daily lives of ordinary Kenyans.

The Institute also argued that the CA and KRA had gone beyond their authority. They pointed to Article 94 of the Constitution, which gives Parliament the sole power to pass laws that limit constitutional rights.

Any regulations must also be reviewed and passed through Parliament, with enough public participation. However, in this case, the directives were not brought before Parliament and did not involve the public in any way.

Justice Mwita agreed with the petitioners, noting that allowing the government to collect and store IMEI data in the way proposed would give it tools for continuous surveillance, without oversight.

The court ruled that building such a database would greatly increase the government’s ability to monitor people's daily communications and movements, with no legal checks in place.

The judge issued an order cancelling the notices completely and barred the state and any of its agencies from acting on the directives.

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He also stopped them from taking any steps that would force individuals to provide their IMEI numbers, saying such action would be illegal and unconstitutional.

The ruling is seen as a major victory for privacy advocates and ordinary Kenyans concerned about growing digital surveillance.

It also reinforces the importance of transparency and legal oversight in government efforts to manage and regulate digital data.

Justice Mwita’s decision underlines the need for all state agencies to operate within the law, especially when their actions touch on rights guaranteed by the Constitution.

The judgment sends a strong message that public participation and legal backing are not optional when it comes to matters that affect the freedoms of citizens.