The Katiba Institute has filed a petition in court against a new directive issued by the Kenya Revenue Authority (KRA) that mandates passengers entering the country to declare the International Mobile Equipment Identity (IMEI) numbers of any mobile devices they intend to use.

The policy, introduced on November 5, aims to enhance tax compliance.

However, the Katiba Institute contends that the mandatory disclosure of IMEI numbers poses significant risks to individuals' fundamental rights and freedoms, particularly in the context of potential state surveillance.

The petition, filed by the institute, argues that “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.”

The institute further raises alarms about the lack of transparency in how the collected data will be handled, questioning who will control and access the IMEI database, the security measures in place, and whether there will be adequate remedies for individuals aggrieved by the collection of this data.

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Katiba warns of the dangers of collecting IMEI numbers without proper oversight, emphasising the potential for significant violations of privacy and personal freedoms.

“The threat to fundamental rights and freedoms is apparent, and there is an urgent need to address the risks and harms posed by this directive,” the institute stated, calling for immediate action to prevent what it describes as a “terrible trend.”