Kenya’s High Court has overturned government directives that would have required all mobile phone users and importers to register and submit their devices’ International Mobile Equipment Identity (IMEI) numbers to state authorities. The ruling, delivered on July 18, 2025, addresses directives issued by the Communications Authority of Kenya (CA) and Kenya Revenue Authority (KRA), marking the latest development in an ongoing legal battle over device registration requirements.
The original directives, announced in October and November 2024, mandated compulsory registration and submission of IMEI numbers for all mobile devices in Kenya, with an effective date of January 1, 2025. The requirements would have applied to both locally purchased and imported devices, including those carried by travelers entering the country. Government authorities presented the initiative as a measure to enhance tax compliance and combat counterfeit devices, similar to measures implemented in other African nations like Zimbabwe’s recent device registration mandate.
Civil society organizations, including the Katiba Institute and the Data Privacy and Governance Society of Kenya, mounted a legal challenge to the directives. The petitioners argued that the policy lacked legal foundation, bypassed parliamentary oversight, and created potential privacy risks by enabling device tracking capabilities. The challenge followed earlier successful attempts to delay the implementation of similar registration requirements.
In his ruling, Justice Chacha Mwita of the High Court determined that the CA and KRA notices were unconstitutional, citing violations of Articles 24 and 31 of the Kenyan Constitution, which protect privacy rights and establish requirements for any limitation of those rights. “The notices requiring the submission of IMEI numbers violated Article 24 and Article 31 of the Constitution, which guarantee the right to privacy,” Justice Mwita stated in the ruling.
The court issued an order prohibiting the state from implementing or acting on the directive, emphasizing that the government’s actions lacked statutory framework. The judgment establishes a precedent regarding executive actions affecting digital privacy rights and reinforces the role of judicial oversight in such matters.
The ruling addresses growing concerns about government data collection practices in the digital age, particularly regarding unique device identifiers that can be used to track individual movement patterns when combined with other data points. The decision comes amid broader discussions about digital privacy in Kenya, including recent initiatives requiring national ID verification for social media access and new measures to combat SIM swap fraud.
Sources: The Star, Capital FM, Kenyans.co.ke
