Katiba Institute has filed a petition at the Nairobi High Court, challenging the government’s directive on the registration of mobile phones.
The petition, filed on Friday, November 22, 2024, argues that the requirement by the Communications Authority of Kenya (CA) for individuals to register their International Mobile Equipment Identity (IMEI) numbers is unjustified.
The Institute also expressed concerns that the directive could violate the data privacy of mobile phone users.
“Upon registration, IMEI numbers become personal data, and when combined with other data held by mobile service providers, they can reveal sensitive information, such as a person’s location and communication history,” the statement said in part.
The petition further raised alarm over the “whitelisting” practice, which means only devices with registered IMEI numbers in the CAK/KRA databases will be able to connect to mobile networks. As a result, those who do not register their IMEI numbers will be unable to purchase SIM cards from Kenyan mobile providers.
Additionally, Katiba Institute argued that the new regulations were introduced without Parliament’s involvement. In light of these concerns, the Institute is seeking conservatory orders to block the implementation of the directive until the case is fully heard and determined.
Government’s Position
During a meeting with the National Assembly’s Committee on ICT on November 6, 2024, CA Director General David Mugonyi explained that the registration requirement was aimed at ensuring Kenyans meet their tax obligations. This came after it was revealed that some phones in the country were not tax-compliant, affecting the Kenya Revenue Authority’s (KRA) targets.
Mugonyi further emphasized that KRA would not have access to users’ personal data. “This engagement is strictly to ensure the right products are in the country and that tax compliance is maintained. KRA will not have access to people’s data,” he stated.
The IMEI registration directive officially took effect on November 1, 2024.
