Court suspends CA directive on IMEI numbers registration for mobile phones
The High Court of Nairobi has suspended the implementation of the mandatory registration of International Mobile Equipment Identity (IMEI) numbers of mobile phones imported into the country
The High Court of Nairobi has suspended the implementation of the mandatory registration of International Mobile Equipment Identity (IMEI) numbers of mobile phones imported into the country.
In orders issued by Justice Chacha Mwita on Friday, November 2022, the suspension will remain in place until December 18, 2024, when various parties will make their submissions in court.
Justice Mwita issued the conservatory orders following a petition filed by Katiba Institute.
“It is hereby ordered that in the meantime, a conservatory is hereby issued suspending implementation of the notice issued by the Communication Authority of Kenya on 24th October 2024 titled “Public Notice on enhancing tax compliance of mobile Devices in Kenya” as well as the subsequent notice by Kenya Revenue authority on 5th November 2024 until 18th December 2024.” the judge ordered.
CA, the Kenya Revenue Authority (KRA) and interested parties were directed to file their responses to the petition within 7 days.
“Once served, the petitioner will have 7 days to file and serve a supplementary affidavit if need be together with written submissions to the application and petition, not exceeding 10 pages,” the judge ordered.
Katiba Institute challenged that government directive in court citing legal flaws and privacy concerns.
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In particular, the petitioners argued that the government agencies did not involve Parliament when issuing the policy.
The petitioners also noted that the registration would expose the private data of mobile phone users.
“Parliament is the only body constitutionally mandated to make laws. Where state agencies such as the Respondents make regulations, they must be tabled in parliament for scrutiny and consideration,” Katiba Institute noted in its statement.
“Failure to present regulations to parliament renders them null and void. The purported regulations published by the Respondents are unconstitutional because they fail to involve Parliament.”
On its part, the government insist that the directive will ensure that all mobile phones imported to the country are tax-compliant.
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