The government will have to delay its plans to require the public to disclose their International Mobile Equipment Identity (IMEI) numbers, following a ruling by the High Court. The court extended the conservatory orders issued on November 22, 2024, until February 2025.
In a decision delivered by Justice Chacha Mwita on December 18, the court suspended the directive from the Communications Authority (CA) regarding mobile phone IMEIs. This suspension will remain in effect until the case is heard in February next year.
The ruling came after Katiba Institute, a non-governmental organization, filed a petition against the government’s move to mandate the disclosure of IMEI numbers. The petition was submitted to the High Court on October 24, 2024, following an announcement from the CA that required Kenyans to disclose their IMEI numbers by January 1, 2025.
Joshua Malidzo, an advocate representing Katiba Institute, confirmed the extension of the conservatory orders. The lobby group argued that the government’s requirement to disclose IMEI numbers violated the rights and freedoms of Kenyans. They also claimed the directive was unconstitutional, as it had not been subjected to parliamentary approval as required by law.
The lobby further argued that allowing the directive would expose citizens to unnecessary state surveillance. According to the court documents, the disclosure of IMEI numbers without adequate safeguards could jeopardize fundamental rights and freedoms, potentially leading to unlawful state surveillance.
The petitioners named the CA, the Office of the Attorney General, and the Kenya Revenue Authority as respondents in the case.