High court decline to stop re-registration of sim cards

The Supreme Court refused to issue an order suspending the ongoing registration of a new SIM card by the Kenya Communications Authority. The Deputy Registrar of the High Court ordered the case to be referred to Judge Edwig Ongudi on June 6, 2022 for further instructions.

Eliud Karanja Matindi, a Kenyan living in the UK, had filed an appeal in court on March 28, 2022 with an emergency certificate seeking a stay of the Kenya Communications Authority’s order requiring telecommunications companies to re-register their customers. Karanja claimed that the order was unconstitutional.

“The statement that the Defendant’s 1st approach to Defendants 1 and 2 and Interested Characters to re-register their existing and pre-registered mobile service subscribers is illegal and, therefore, invalid,” we read in the program section .

Eliud also asked the court to declare that any collection, processing and storage by Safaricom Limited and Airtel Limited or other interested parties of photographs of persons registering as members of the mobile phone service is illegal and therefore invalid.

The case, which was presented to the Deputy Registrar on April 7, 2022, was not heard from the parties as the judges are currently attending a conference in Mombasa. The Communications Authority of Kenya has set April 15 as the deadline for SIM card registration.

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