High Court Extends Orders Blocking KRA, CA From Demanding Kenyans' IMEI Numbers
The orders which were issued on November 22, 2024, against the directive by KRA and the CA have now been extended to February 2025.
Viral Tea Ke Writer 
The High Court has extended conservatory orders which handed both the Communications Authority of Kenya (CA) and the Kenya Revenue Authority (KRA) a big blow in their push to have phone dealers declare their International Mobile Equipment Identity (IMEI) numbers for new devices to ensure tax compliance.
The orders which were issued on November 22, 2024, against the directive by KRA and the CA have now been extended to February 2025.
Justice Chacha Mwita on Wednesday, December 18 ordered that the suspension of the implementation of the Public Notices requiring the disclosure of mobile phone's IMEI numbers remain until February next year when the case will be heard.
This is pending the hearing and determination of a case filed by the Katiba Institute which had filed a petition at the High Court challenging the constitutionality of the order by the CA calling for the mandatory registration of phones.
The Milimani Law Courts in Nairobi. /FILE
''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.
Katiba Institute argued that the move by the CA requiring all individuals to register their IMEI numbers was unjustified, adding that the directive would infringe on the data privacy of mobile phone users.
"Upon the registration of phones, IMEI numbers constitute personal data and, when read in combination with specific data held by mobile service providers, can identify a person’s susceptible information, including location and communication history," the lobby group contested.
"In addition, the newly introduced practice of ‘whitelisting’ of devices means that only a device with its IMEI registered on the CAK/KRA databases can connect to mobile networks. Thus, anyone not registering their IMEI cannot buy a SIM card from a Kenyan mobile network provider."
The group also noted that the petition was informed by the lack of Parliament's involvement in making the new regulations.
In the notice issued on October 24, the government agency directed all importers to submit details of imported phones, including cell phone International Mobile Equipment Identity (IMEI) numbers, from January 1, 2025.
Under the new directives, all passengers entering Kenya would also be required to declare their mobile devices on the F88 passenger declaration form and provide the necessary details and IMEI numbers for devices intended for use during their stay.
The government had previously teased the idea of placing tourists entering Kenya on a 'greylist' to grant them a grace period to comply with the new policy.
This was announced by CA's Director General David Mugonyi during a summon by the National Assembly's Committee on Communication, Information and Innovation.
During the hearing, the lawmakers questioned whether KRA would infringe privacy laws under the guise of data protection. Mugonyi, however. assured the public that the Authority would not access Kenyans' data.
