The Communication Authority of Kenya (CAK) has asked the court to dismiss a case filed against its directive requiring travelers entering Kenya to declare the International Mobile Equipment Identity (IMEI) numbers of their mobile devices.
In a preliminary objection filed in court, CAK has argued that the High Court lacks jurisdiction to hear the case brought by lobbyists group Katiba Institute saying the court’s jurisdiction has been wrongly and prematurely invoked.
CAK has justified the directive saying that the IMEI registration requirement is aimed at ensuring mobile device integrity and tax compliance The Authority also claims that key stakeholders, including mobile network operators, importers, and distributorswere notified about the directive. Furthermore, the Kenya Revenue Authority (KRA) informed importers and travelers of the custom requirements necessary for implementing the policy.
CAK says the petition violates the doctrine of exhaustion, as the petitioner failed to pursue alternative dispute resolution mechanisms before seeking the court’s intervention. The Authority maintains that the appropriate forum for addressing such grievances is the Communications and Multimedia Appeals Tribunal (CAMAT), established under the Kenya Information and Communications Act (Cap. 411A).
It is their argument that the petition raises issues related to access to information, particularly the public disclosure of details regarding the directive. It asserts that such matters fall under the jurisdiction of the Commission on Administrative Justice (CAJ), as outlined in Section 14 of the Access to Information Act.
