Why CA Wants Court Ruling Blocking Them From Demanding Kenyans' IMEI Numbers Thrown Out

The Communications Authority of Kenya (CA) has urged the High Court to reject a case filed by the Katiba Institute, which opposes its directive requiring travelers entering Kenya to disclose their mobile devices' International Mobile Equipment Identity (IMEI) numbers.

The CA contends that the court has no jurisdiction over the issue and asserts that it should be handled through alternative dispute resolution mechanisms.

In late 2023, the CA, in partnership with the Kenya Revenue Authority (KRA), issued notices instructing all travelers entering Kenya to declare their mobile devices' IMEI numbers to ensure tax compliance. However, Katiba Institute filed a petition at the High Court challenging the constitutionality of the CA order requiring phone registration. 

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."

As a result of the petition, the High Court suspended the CA's directive. However, CA filed a preliminary objection, urging the court to reject the case, arguing that the High Court’s jurisdiction was improperly invoked and that the matter should first be addressed by the Communications and Multimedia Appeals Tribunal.

The authority also emphasized that stakeholders, including mobile network operators and importers, were consulted before implementing the directive. Additionally, the KRA had already informed travelers about the customs requirements.

The case is set for a hearing on March 21, 2024. Its outcome could have major implications for data privacy, government surveillance, and mobile device regulation in Kenya.

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.

However, intervention by Tourism Cabinet Secretary Rebecca Miano forced KRA to reconsider the policy targeting tourists entering Kenya. “KRA has announced that tourists will NOT be required to declare their gadgets’ IMEI numbers upon arrival. Kenya’s strategic location as the gateway to East Africa positions it as a regional hub for tourism and business and must therefore remain easily accessible,” Miano said.

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.