Justice Chacha Mwita, on July 18, delivered the judgment in a case filed by Katiba Institute, which challenged the legality of public notices issued by two state agencies, including the Kenya Revenue Authority (KRA).
Katiba Institute had filed a petition challenging the constitutionality of public notices issued by the Communications Authority (CA) and Kenya Revenue Authority (KRA) requiring citizens to disclose their mobile phones’ IMEI numbers.
In his ruling, Justice Mwita said the directive had no legal foundation and violated citizens’ rights to privacy.
Court findings on the KRA and CA notices
Justice Chacha Mwita ruled that the International Mobile Equipment Identity (IMEI) disclosure notices by KRA and CA were not anchored in any specific law. Without a legal framework passed by Parliament, the notices could not be enforced.
- Violation of constitutional rights
The court found that compelling individuals to submit IMEI numbers breached Article 31 of the Constitution, which guarantees the right to privacy, and Article 24, which sets conditions under which rights can be limited. - Unconstitutional surveillance
By collecting IMEI numbers, the government created a system that could be used for mass and unchecked surveillance, which the court found to be inconsistent with democratic and constitutional principles.
“The collection of IMEI numbers enabled unchecked state surveillance, making it unconstitutional,” Justice Chacha Mwita noted.
- Lack of public participation and safeguards
The process failed to involve public input or provide safeguards for the collected data. The court held that state actions affecting personal data must include proper consultation and protection.
Also Read: KRA Announces Changes Affecting All Importers and Exporters
In his ruling, Justice Chacha Mwita ordered that the public notices by KRA and CA be quashed entirely.
He further prohibited the state from implementing, enforcing, or acting upon the IMEI submission directive.
The court made it clear that without a lawful basis, the government cannot demand such personal data from the public.
The new KRA rule requires IMEI registration
This comes after the KRA announced that all imported mobile devices must now be registered with their IMEI numbers at the point of entry.
The directive, which was to take effect from January 1, 2025, was termed part of a concerted effort to enhance compliance and curb the proliferation of counterfeit mobile devices in Kenya.
Also Read: KRA Introduces Mandatory Requirement for All Imports Into Kenya
This new regulation aligned with the recommendations of the Communications Authority of Kenya (CA) and was backed by the East African Community Customs Management Act (EACCMA), 2004.
“KRA hereby notifies all importers of mobile devices to submit detailed import entries for all mobile devices, specifying the quantities, proper model descriptions, and incorporating the IMEI numbers into the customs filing system,” the statement read.
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