High Court Deals Govt a Blow, Extends Order Blocking IMEI Registration Rule
The government’s plan to mandate the registration of International Mobile Equipment Identity (IMEI) numbers upon phone entry into Kenya has been dealt a significant blow.
The High Court, on Friday, extended its previous orders, effectively halting the implementation of this controversial directive for another four months.
This extension, issued by Justice Chacha Mwita, means the government must postpone its IMEI registration initiative, which has faced substantial criticism due to potential privacy violations.
The decision follows a petition filed by the Katiba Institute, a lobby group focused on upholding constitutionalism.
Katiba Institute challenged the legality of public notices issued by the Communications Authority of Kenya (CA) and the Kenya Revenue Authority (KRA). These notices required individuals to register their IMEI numbers, a move the institute deemed unjustified and disproportionate.
“On 21 March 2025, the Katiba Institute team was before Justice Chacha Mwita to highlight submissions… challenging the publication of notice by the Communications Authority of Kenya requiring registration of IMEI numbers at the point of phone entry into the country and mobile phone operators to only connect devices whose IMEI numbers have been registered and submitted to the CA. The Court extended interim orders till judgment is delivered on 4 July 2024,” Katiba Institute stated.
The petition also targeted KRA’s notice, which instructed mobile device importers, assemblers, and manufacturers to submit IMEI numbers. Passengers entering Kenya were also required to declare their IMEI numbers and complete a specific form.
Katiba Institute warned that allowing the CA and KRA access to mobile service provider data could result in unprecedented surveillance of individuals’ movements and communications.
IMEI numbers, unique to each device, allow mobile providers to locate a phone within a 100-meter radius and access communication history.
“Without proper safeguards, it appears the government is usurping powers it does not have to establish a mass surveillance system,” the institute argued. They also pointed out the lack of clarity regarding data protection, including who would manage the IMEI database and what security measures would be implemented.
This is the second time Justice Mwita has extended conservatory orders against the government’s directive. The initial extension, granted in December, was valid until February. However, the case was delayed due to the government’s late filing of responses.
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High Court Deals Govt a Blow, Extends Order Blocking IMEI Registration Rule