Court Declares Mandatory IMEI Disclosure Unconstitutional in Landmark Ruling

In a landmark ruling that upholds digital privacy rights, the High Court has quashed the directive by the Communications Authority (CA) and Kenya Revenue Authority (KRA) requiring mobile phone users to disclose their device’s International Mobile Equipment Identity (IMEI) numbers.

Justice Chacha Mwita ruled in favor of a petition filed by the Katiba Institute and other civil rights advocates, who challenged the constitutionality of the public notices issued by the two government bodies. The notices had directed all mobile phone users in Kenya to submit their IMEI numbers, a move that raised serious concerns about mass surveillance and potential abuse of personal data.

The court found that the notices were not anchored in any law, thereby rendering them unconstitutional. Furthermore, Justice Mwita held that compelling citizens to surrender their IMEI numbers violated Articles 24 and 31 of the Kenyan Constitution, which protect the right to privacy. He emphasized that the unchecked collection of such sensitive data could lead to intrusive state surveillance, infringing on fundamental rights.

In his judgment, the court issued two major reliefs. First, it nullified the notices that mandated IMEI number submission. Second, it issued a restraining order barring the state from enforcing or acting on the quashed directives.

This ruling marks a significant victory for digital rights defenders in Kenya and sets a strong precedent on the limits of state power in matters involving personal data and surveillance. It also sends a clear message that all government directives must strictly adhere to the Constitution.