High Court grants four-month delay on IMEI registration directive after privacy concerns

In a significant development on Friday, the High Court extended its orders halting the implementation of the government’s directive requiring Kenyans to register their international mobile equipment identity (IMEI) numbers upon entry of mobile phones into the country.

This extension by Justice Chacha Mwita has granted a four-month delay for the government to proceed with the directive, which has been the subject of criticism, especially regarding privacy and data security issues.

The move came after Katiba Institute, a prominent advocacy group focused on upholding constitutional rights, filed a petition last year challenging the government's implementation of the IMEI registration policy.

The institute had raised concerns that the policy violated citizens' privacy and lacked sufficient safeguards to protect sensitive data.

In its petition, filed on November 22, 2024, the Katiba Institute questioned the constitutionality of public notices issued by the Communications Authority of Kenya (CA) and the Kenya Revenue Authority (KRA) which mandated individuals to register their IMEI numbers at the point of entry when bringing mobile phones into the country.

The CA had earlier issued a directive stating that only mobile phones with registered IMEI numbers would be allowed to connect to mobile networks.

This notice was supported by the KRA which further required mobile device importers, assemblers, and manufacturers to submit the IMEI numbers of devices being imported into the country.

Travellers entering Kenya were also required to declare their IMEI numbers upon arrival.

Katiba Institute’s petition raised concerns that granting access to mobile service provider data would give CA and KRA the ability to track individuals’ movements and communications, raising fears of mass surveillance.

According to the institute, IMEI numbers, which are unique identifiers tied to mobile phones, can be used by service providers to pinpoint the exact location of a device within a 100-meter radius, offering a deeper insight into an individual's communication history.

Without sufficient safeguards, the petition argued, the directive could lead to an unlawful expansion of government surveillance powers.

IMEI database control

The petition further highlighted that the government had not clarified key aspects of the plan, including who would control the IMEI database, who would have access to it, and what security measures would be implemented to protect the sensitive data.

"Without clear and robust safeguards, the government could be establishing a mass surveillance system without public consent or oversight. The privacy of citizens must be protected from such overreach," Katiba Institute said in a statement.

This is not the first time the High Court has intervened in this matter.

Other Topics To Read

• Headlines
• Communications Authority of Kenya
• CA
• Katiba Institute
• data privacy
• IMEI numbers
• Sim registration
• phones
• High Court grants four-month delay on IMEI registration directive after privacy concerns
• Technology

Justice Mwita issued a temporary injunction on December 19, 2024, halting the directive’s implementation and extended the order to February 21, 2025. However, the case did not proceed due to the late filing of responses by the government.

In the latest ruling, the court decided to continue halting the directive until July 2025, when the final judgment will be delivered.

This four-month delay provides more time for the Katiba Institute and other stakeholders to present their arguments and for the government to clarify its position regarding the implementation of the IMEI registration policy.

The case has stirred widespread debate among Kenyans and is being closely watched by both privacy advocates and the government as it navigates the complexities of balancing security with individual rights.