High Court halts IMEI registration, orders suspension until February next year
By Charles Adinda |
The contentious notices, dated October 24 and November 5, 2024, mandated all individuals to register their IMEI numbers, unique identifiers tied to the hardware of mobile phones, by January 1, 2025.
The High Court has extended the conservatory orders blocking the implementation of public notices requiring the mandatory registration of mobile phone International Mobile Equipment Identity (IMEI) numbers.
In his ruling, Justice Chacha Mwita ordered that the notices, issued by the Communications Authority of Kenya (CA) and the Kenya Revenue Authority (KRA), would remain suspended until February 2025, when the case will be heard.
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The contentious notices, dated October 24 and November 5, 2024, mandated all individuals to register their IMEI numbers, unique identifiers tied to the hardware of mobile phones, by January 1, 2025.
The Katiba Institute, a constitutional rights advocacy group, filed a petition challenging the legality of the directive.
The group contended that the notices violated constitutional safeguards and were issued without public or parliamentary oversight.
"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," stated their petition.
The Katiba Institute also pointed to procedural flaws in the rollout, citing Article 35(3) of the Constitution, which guarantees public access to information. They argued that under Section 5(1)(c) of the Access to Information Act, all relevant facts must be disclosed before implementing policies that significantly impact citizens.
"Parliament is the only body constitutionally mandated to make laws. Where state agencies make regulations, they must be tabled in parliament for scrutiny and consideration. Failure to present regulations to parliament renders them null and void," their petition further noted.
IMEI registration, while designed to reduce cybercrime, has sparked controversy due to its capacity to pinpoint a user's location within a 100-meter radius and log into their communication history.
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