High Court Blocks Govt’s Directive Requiring Kenyans to Disclose Their IMEI Numbers

The government will have to wait longer before it can begin the process of compelling members of the public to disclose their International Mobile Equipment Identity (IMEI) numbers.

This comes after the High Court extended the conservatory orders that it issued on November 22, 2024, to February 2025.

In a ruling delivered by Justice Chacha Mwita on Wednesday, December 18, the court ordered that the directive on mobile phone IMEIs by the Communication Authority (CA) be suspended until February next year when the case will be heard.

The ruling followed a petition by Katiba Institute, a non-governmental lobby group that had moved to court to challenge the decision to compel Kenyans to surrender the IMEIs to the government. 

Kenyans.co.ke spoke to Katiba Insitute on the phone following the issuance of the new directives. 

The lobby had on October 24 this year filed a petition at the High Court challenging the announcement by the Communications Authority (CA) requiring disclosure of International Mobile Equipment Identity (IMEI) numbers for mobile phone devices in use in Kenya by January 1, 2025.

”Justice Chacha Mwita has extended the conservatory orders suspending the implementation of the Public Notices requiring the disclosure of Mobile phones’ IMEI numbers following a  Petition filed by Katiba Institute until the hearing of the petition in Feb 2025,” Joshua Malidzo, an advocate of the lobby, shared shortly after the ruling.

Court documents seen by Kenyans.co.ke, indicated that Katiba Institute had argued that the requirement by the government for the disclosure of the IMEIs would be a breach of the rights and freedoms of Kenyans.

The lobby also argued that the notice was unconstitutional, null, and void for having not been subjected to parliamentary approval as set out in the constitutional and legislative procedures.

Additionally, the lobby argued that would the court okay the directive, then Kenyans would be subjected to unwarranted state surveillance.

”Without sufficient safeguards disclosure of IMEI numbers risks the fundamental rights and freedoms of an individual and may lead to unlawful and unwarranted State surveillance,” the court documents read in part.

The CA, Office of the Attorney General, and Kenya Revenue Authority were the respondents mentioned in the petition challenging the directive.