MPs question CA on privacy risks of proposed mobile device tax compliance system

KBC Digital
3 Min Read
National Assembly Communication, Information and Innovation Committee Chairman John Kiarie.

The National Assembly’s Committee on Communication, Information, and Innovation has put the Communications Authority (CA) on the spot over the new initiative aimed at enhancing the integrity and tax compliance of mobile devices in the country.

The committee, led by its Chairman John Kiarie, demanded clarity on the proposed system’s implications for privacy, data protection, and its enforcement mechanisms to ensure personal data potentially falling into the wrong hands.

“The issue isn’t with registering IMEIs. What exactly are we allowing KRA to access on an individual’s phone under the guise of data protection?” he posed.

“What can we say to Kenyans who may flee from digital transactions to avoid scrutiny? We must ensure their data remains protected,” he added.

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Tetu MP Geoffrey Wandeto raised concerns about CA’s enforcement ability to monitor and enforce compliance across all communication devices entering the country as well as expatriates and visitors arguing that people’s mobility should not be hindered.

“What are your enforcement capabilities when it comes to all communication devices being imported?” he posed calling for strong regulatory mechanisms to ensure that non-compliant devices are identified and addressed appropriately.

In response, CA Director General David Mugonyi reassured the committee that the system would only target device integrity and tax compliance, not individual transactions or personal data.

“This engagement has nothing to do with the transactions we carry out on our phones. We want to ensure the right products are in the country, and the tax compliance aspect is strictly for that. KRA will not have access to people’s data,” he clarified.

Mugonyi noted that the system is designed to send a notification to users who activate a new device without having paid applicable taxes. The unregistered device’s IMEI will then be placed on a blacklist, preventing it from connecting to any local network until taxes are settled.

He further explained that tourists and diplomats would have a grace period, where their devices would be placed on a temporary “grey-list” to allow usage without immediate tax obligations.

“This grey-listing period will be formalised through public participation to ensure transparency and understanding,” he stated.

He said that mobile devices registered on Kenyan networks before October 31 will be exempt from further compliance checks and current users will not face disruptions.

The system will require importers and local manufacturers to register the IMEI of mobile devices they bring into Kenya, ensuring all applicable taxes are paid before a device is activated on a local network.

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