The High Court has quashed directives requiring all mobile phone users and importers to disclose their devices’ IMEI numbers to the government.
Justice Chacha Mwita held that the public notices issued by the Communications Authority of Kenya (CA) and the Kenya Revenue Authority (KRA) were not anchored in any law and were therefore unconstitutional.
Most notably, the court found the requirement to submit IMEI numbers to be in violation of Articles 24 and 31 of the constitution.
Article 24 permits the limitation of rights only through clearly defined laws that satisfy proportionality and necessity tests, while Article 31 enshrines the right to privacy, protecting individuals against unnecessary or unwarranted state intrusions.
The case centred on public notices published in October and November 2024.
The notices sought to enforce, from January 1, 2025, the compulsory registration and submission of IMEI numbers for all mobile devices in use in Kenya, including those imported by individuals.
The court found that the directives infringed on the right to privacy and enabled potential state surveillance.
The case was brought by Katiba Institute.
The petitioners argued that an IMEI number uniquely identifies a phone and connects it to a particular user.
