The High Court of Nairobi has temporarily suspended the implementation of the mandatory registration of International Mobile Equipment Identity (IMEI) numbers for mobile phones imported into the country.
In a ruling issued by Justice Chacha Mwita on Friday, November 2022, the suspension will remain in effect until December 18, 2024, when the involved parties will make their submissions in court.
Justice Mwita issued the conservatory orders in response to a petition filed by Katiba Institute.
“It is hereby ordered that, in the meantime, a conservatory order is issued suspending the implementation of the notice issued by the Communications Authority of Kenya (CA) on October 24, 2024, titled ‘Public Notice on Enhancing Tax Compliance of Mobile Devices in Kenya,’ as well as the subsequent notice by the Kenya Revenue Authority (KRA) on November 5, 2024, until December 18, 2024,” the judge ordered.
Other Orders Issued
The CA, KRA, and other interested parties were directed to file their responses to the petition within seven days.
“Once served, the petitioner will have seven days to file and serve a supplementary affidavit if necessary, along with written submissions to the application and petition, not exceeding 10 pages,” the judge instructed.
Katiba Institute challenged the government’s directive in court, citing legal flaws and concerns over privacy. The petitioners argued that the policy had not involved Parliament, which they said is the only body constitutionally mandated to make laws.
The petitioners also raised concerns that the registration would expose the private data of mobile phone users. “State agencies such as the Respondents must table regulations in Parliament for scrutiny and consideration. Failure to present these regulations to Parliament renders them null and void,” Katiba Institute stated.
In response, the government maintains that the directive aims to ensure that all mobile phones imported into the country are tax-compliant.
