UK-Based Kenyan Activist Moves to Court to Stop Fresh Registration of SIM Cards

A Kenyan living in the UK has filed a petition seeking to stop a directive requiring mobile service providers to register their customers afresh.

Eliud Karanja Matindi, through a petition filed at the High Court in Nairobi, argues that the directive by the Communication Authority of Kenya (CA) is illegal and unconstitutional.

CA directed Safaricom, Airtel, and Telkom Kenya to conduct fresh registration of all their mobile telephone subscribers, and ensure that they disclose all other telephone numbers registered under their names.

In his petition, Karanja avers that the directive may force the telcos to suspend the services of any of their subscribers who will not have registered their mobile telephone lines by April 15th, followed by deactivation of service 90 days later if not registered.

“As a precondition for this fresh registration, all natural persons must submit to have their photographs taken, processed and retained,” says Karanja.

The activist wants the court to compel the mobile service operators to delete and expunge from their records and systems photos of mobile subscribers taken during the registration process. He is also seeking to have the Kenya Information and Telecommunication Regulation 2014 quashed. 

Karanja argues that the collection, processing, and retention of photographs by mobile telephone service operators are unconstitutional.

He faulted the Data Protection Commissioner, KNHR, National Gender, and Equity Commission, and the Attorney General for failing to intervene to stop CA’s directive.

“The Directive from the 1st Respondent for the 1st and 2nd Respondents and the Interested Party to carry out fresh registration of their existing and already registered mobile telephone service subscribers is unconstitutional and, therefore, null and void,” he says in an affidavit.

High Court judge Hedwig Ong’udi certified the case as urgent and directed the petitioner to serve the respondents with the court documents within seven days. The case will be mentioned on April 6th for further directions.