Court Suspends Government Directive Requiring Kenya-Bound Passengers To Declare Phone IMEI Numbers

The High Court has suspended the government’s directive mandating passengers entering Kenya to declare the International Mobile Equipment Identity (IMEI) numbers of their mobile devices.

Justice Chacha Mwita issued the conservatory orders on Friday, halting the implementation of the directive until a petition filed by Katiba Institute is heard and determined.

“That in the meantime, a conservatory is hereby issued suspending implementation of the notice issued by 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…,” reads the court order.

THE DIRECTIVE WAS AS FOLLOWS:

The Kenya Revenue Authority (KRA) has announced that, starting January 2025, all travelers entering Kenya will be required to declare their mobile phones and other electronic devices at points of entry.

This new measure aims to enhance integrity and ensure tax compliance for mobile devices.

Importers of mobile devices must now submit detailed import entries in the customs system, specifying accurate quantities, precise model descriptions, and IMEI numbers.

Last month, the Communications Authority of Kenya (CA) mandated mobile networks to connect only with devices verified for tax compliance in a CA-provided database.

KRA’s Commissioner of Customs and Border Control emphasized that the public should prepare for this requirement beginning on January 1, 2025, with specific system guidelines for capturing devices and IMEI numbers to be issued soon.

Under the new rules, local device assemblers will need to register on the customs portal and submit reports detailing all devices assembled for the Kenyan market, along with their IMEI numbers.

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The CA further clarified that mobile devices without registered IMEI numbers for tax compliance will be placed on a greylist, providing distributors an opportunity to comply.

After this grace period, unregistered devices will be blacklisted.

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This requirement applies only to devices imported or assembled from November 1, 2024, onward, while devices already in use on mobile networks as of October 31, 2024, will remain unaffected.