Kenya's High Court has blocked the National Communications Authority's request that those entering the country, as well as residents, be required to declare the International Mobile Equipment Identity (IMEI) code of their mobile phone device.
Judge Chacha Mwita issued the precautionary orders on Friday, pending the hearing of a petition filed by the Katiba Institute, finding relevant the claim that ‘mandatory disclosure of IMEI numbers poses a significant risk to the fundamental rights and freedoms of individuals. It argues that this requirement could enable unwarranted state surveillance'.
At first, the ordinance seemed to also cover tourists arriving in Kenya, as of 1 January 2025, but later the Minister of Tourism, Rebecca Miano, denied this. The regulation, however, was apparent from a notice issued by the Kenya Revenue Agency (KRA) on 5 November. According to the KRA, the measure would be part of ‘an initiative to improve tax compliance’.
‘When combined with additional personal information, such as names or flight and customs details, IMEI numbers can be used to identify individuals and thus constitute personal data,’ reads the petition accepted by the High Court. The Katiba Institute warns of the potential dangers of collecting IMEI numbers without proper oversight, stressing the urgency of halting what it describes as a ‘terrible trend’, while also raising concerns about the lack of transparency regarding the safeguarding of collected data. It questions who will control and access the IMEI database, what security measures will be taken, and whether effective remedies will be available for those harmed by the collection of this data. The matter will be discussed on 18 December.