Saturday, November 23, 2024 - The High Court in Nairobi has suspended the notice issued by the Communication Authority of Kenya directing phone dealers and those travelling to Kenya to declare their International Mobile Equipment Identity (IMEI) Numbers to ensure tax compliance.
Justice Chacha Mwita issued a
conservatory order yesterday, suspending the notice issued by the Authority on
October 24 titled, "Public Notice on Enhancing Tax Compliance of Mobile
Devices in Kenya."
In the directive, Justice Chacha
Mwita ordered the petitioners to immediately serve the respondents with the
applications after which the latter will have seven days to file a response.
The court decision comes hours
after Katiba Institute filed a petition challenging the move by the
Communications Authority that directed all visitors arriving in the country and
all phone dealers to submit IMEI codes for imported and locally assembled
phones.
In the notice shared by CA, all
passengers entering Kenya would be required to declare their mobile devices on
the F88 passenger declaration form before proceeding with their activities.
Katiba Institute in its petition
claimed that the Authority's move would unlawfully allow mobile phone
providers to expose an individual’s location and allow the government to
trace one's communication history.
The petitioner further claimed
that in case the regulator is given access to information stored by mobile
service providers, it would be able to monitor people’s movements and calls in
an unprecedented manner.
Katiba Institute also argued
that the mandatory declaration of phone IMEI codes would deter many Kenyans
from purchasing Subscriber Identity Module (SIM) cards from local mobile
network providers.
The Kenyan DAILY POST
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