The government's plan to tap into private mobile conversations through broadband communication networks has been declared illegal and a gross violation of consumer rights.
Justice John Mativo said the plan by the Communication Authority, to install spy gadgets, was adopted in a manner inconsistent with the Constitution.
Ruling on Thursday in a case filed by activist Okiya Omtatah, Mativo also said there wasn't adequate public participation prior to its adoption and implementation.
The system was to be implemented through Safaricom, Airtel and Telkom.
"Subscribers of the three mobile companies were not engaged at all in the public consultation hence [the plan] is null and void for all purposes," he ruled.
The judge noted the CA was obligated to draft and implement a meaningful programme of public participation and stakeholder engagement in the process leading to the decision, policy and implementation of the Device Management System (DMS) system.
Consequently, Mativo prohibited the CA from implementing the decision, or installing any connectivity between the DMS and the mobile companies, to access information on the IMEI, IMSI, MSISDN and CDRs of their subscribers.
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