The High Court is set to deliver its judgement in a petition challenging the government's directive requiring Kenyans to disclose their mobile phone International Mobile Equipment Identity (IMEI) numbers.
The ruling, to be delivered by Justice Chacha Mwita, follows a petition filed by the Katiba Institute, which challenged public notices issued by the Kenya Revenue Authority (KRA) and the Communications Authority of Kenya (CA) in late 2024.
The notices directed mobile users and importers to register their IMEI numbers, unique identifiers for every mobile device, purportedly to enhance tax compliance and combat counterfeit devices.
However, the Katiba Institute argues that the directives amount to unconstitutional surveillance, infringing on the right to privacy and lacking a clear legal framework.
In December, the court issued temporary conservatory orders suspending the enforcement of the directives pending the determination of the case.
Today’s judgment is expected to clarify the legal limits of state surveillance and the protection of personal data.
CJ Koome, Judges challenge JSC removal case.
Elsewhere, a petition pitting Chief Justice Martha Koome and four other Supreme Court judges against the Judicial Service Commission (JSC) is expected to be heard today before a three-judge bench of the High Court.
The case stems from JSC’s decision earlier this year, which required the judges to respond to multiple petitions seeking their removal from office.
The judges, through a public interest litigant, Pariken Ole Esho, are challenging that directive, terming it unconstitutional, irrational, and a threat to judicial independence.
They allege that the commission’s actions violate their judicial immunity and are being used to intimidate the apex court.
The suit also targets the Attorney General and several individuals, including former Law Society of Kenya (LSK) president Nelson Havi, who filed the complaints before the JSC.
The hearing, set before Justices Chacha Mwita, Lawrence Mugambi, and Alfred Mabeya, comes after interim court orders halted the JSC proceedings pending full determination.
The case is set for a mention.
Officer James Mukhwana's case
Elsewhere, Constable James Mukhwana is expected to appear before a Milimani Magistrate Court today following his recent arraignment at the Kibera Law Courts in the murder case of blogger and teacher Albert Ojwang.
Mukhwana was charged alongside OCS Samson Talaam and other suspects after investigations by the Independent Policing Oversight Authority (IPOA) allegedly linked them to Ojwang’s death in custody on June 8.
Today’s mention at the Milimani Magistrate’s Court is likely to confirm the transfer of the file to Kibera and provide an update on pre-trial proceedings.
Notably, Mukhwana and Talaam had filed a petition challenging the transfer of their detention to Capitol Hill Police Station, arguing it was unlawful and violated their rights.
The High Court, however, concluded that the matters should
be transferred and handled under the Kibera court’s jurisdiction for proper
determination of the case.
