High Court Quashes Mandatory Registration of IMEI for Phones, Rules as Unconstitutional

The High Court has ruled that the government's directive requiring Kenyans to register the International Mobile Equipment Identity (IMEI) numbers of their mobile phones upon entry into the country is unconstitutional.

In a judgement delivered on Friday, July 18, Justice Chacha Mwita found that the public notices issued by the Communications Authority of Kenya (CA) and the Kenya Revenue Authority (KRA) had no legal basis and therefore contravened the Constitution.

The judge ruled that the requirement to submit IMEI numbers infringed on Articles 24 and 31 of the Constitution, which safeguard the right to privacy.

Further, the court held that compelling citizens to disclose IMEI numbers enabled potential State surveillance without oversight, rendering the directive unconstitutional.