𝐏𝐫𝐢𝐯𝐚𝐜𝐲 𝐯𝐬. 𝐒𝐮𝐫𝐯𝐞𝐢𝐥𝐥𝐚𝐧𝐜𝐞: 𝐓𝐡𝐞 𝐋𝐞𝐠𝐚𝐥 𝐁𝐚𝐭𝐭𝐥𝐞 𝐎𝐯𝐞𝐫 𝐌𝐨𝐛𝐢𝐥𝐞 𝐃𝐞𝐯𝐢𝐜𝐞 𝐑𝐞𝐠𝐢𝐬𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐢𝐧 𝐊𝐞𝐧𝐲𝐚.

BY FLORENCE SIMIYU, TMG JOURNALIST.

The Communications Authority of Kenya (CAK) is making headlines as it faces off against the lobby group Katiba Institute in a legal battle over mobile device registration requirements for travelers entering Kenya. The directive, which mandates the declaration of International Mobile Equipment Identity (IMEI) numbers, has sparked a heated debate on privacy, surveillance, and due process.

CAK has wasted no time in defending its position, arguing that the High Court lacks jurisdiction to hear the case and that alternative dispute resolution mechanisms should be exhausted first. The Authority claims that the directive is crucial for maintaining mobile device integrity and ensuring tax compliance, with key stakeholders duly informed about the policy.On the other side of the ring, Katiba Institute has come out swinging, challenging the constitutionality of the directive and raising concerns about potential mass surveillance.

The group argues that tracking individuals through IMEI numbers could lead to unwarranted government intrusion into people’s movements and communication history, without adequate safeguards in place.Moreover, Katiba Institute contends that the directive runs afoul of Kenya’s Data Protection Act, as a Data Protection Impact Assessment was not conducted prior to implementation.

The lobby group also takes issue with the ‘whitelisting’ system proposed, which could restrict access to mobile services for unregistered users, impacting digital access in the country.As the case awaits a ruling on jurisdiction, the outcome could have far-reaching implications for privacy rights, government oversight, and digital access in Kenya.

THE EDITOR’S PICK!

Stay tuned as this legal showdown unfolds, shaping the future landscape of mobile device registration and data protection in the country. The stakes are high, and the implications are profound. Let’s see how this legal drama plays out in the coming days.