High Court nullifies Govt directive on mandatory IMEI declaration » Capital News

NAIROBI, Kenya, July 18 – The High Court has nullified a government directive requiring Kenyans to disclose their mobile phone International Mobile Equipment Identity (IMEI) numbers.

Justice Chacha Mwita ruled that the notices were ‘not based on any law and are therefore unconstitutional.’

“The notices requiring the submission of IMEI numbers violated Article 24 and Article 31 of the Constitution, which guarantee the right to privacy,” he added.

Justice Mwita also issued an order prohibiting the state from implementing or acting on the directive.

“The collection of IMEI numbers is unconstitutional as it allows unchecked state surveillance,” read the ruling.

Had the directive been enforced, passengers entering the country would also have been required to declare the IMEI numbers of their phones.

The regulations, which required mobile users and importers to register IMEI numbers — unique identifiers for each mobile device — were intended to take effect on January 1, 2025.

The government had said the move aimed to enhance tax compliance and combat counterfeit devices.

The directive was challenged in court by the Katiba Institute, the Data Privacy and Governance Society of Kenya, and others, who questioned why state agencies attempted to implement the policy without parliamentary approval.

They argued that collecting IMEI numbers would allow the state access to private data without proper oversight, rendering the move unconstitutional.