Kenyan man moves to court to stop registration of sim cards claims it’s unconstitutional

A Kenyan living in the UK has sued the Communications Authority of Kenya over an order requiring mobile phone companies to re-register their customers.

Eliud Karanja Matindi is asking the court to declare the order unconstitutional.

The CA had said it would suspend the SIM card for customers who did not re-register by April 15, 2022.

However, Matindi alleges that the order violates and violates the Constitution (including the Justice Act), laws, regulations and other applicable laws.

According to him, it is illegal to force mobile phone service users who have already registered their SIM card and their operators to re-register.

It also opposes the obligation imposed on indigenous persons wishing to register as mobile phone service users to submit their photocopying, processing and storage as a condition of this registration.

He also claims that it is unconstitutional to require mobile phone users to disclose all phone numbers that are already registered, including other mobile service providers under the registration process.

“The complainant, along with other Kenyans, wants a government that adheres to the basic values ​​of human rights, equality, freedom, democracy, social justice and the rule of law,” court documents read.

He named the Communications Authority, the Secretary of the ICT Cabinet, the Commissioner for Data Protection, as well as the Kenya National Human Rights Commission as defendants in the case.

Others mentioned are; National Commission for Gender and Equality, Administrative Justice Commission, Safaricom, Airtel Networks and Telkom Kenya.

“Under Article 3 (1) of the Constitution of Kenya, the Complainant, the Complainant, and the Interest in this Honorable Court all have a duty to uphold, maintain and uphold the Constitution,” the petition read.

He says he brought the case in the public interest and that his fundamental right or freedom in the Bill of Rights was denied, violated or violated.

He wants Articles 5B (5), 27 and 27D, of the Information and Communication Act of Kenya 1998, to be declared unconstitutional and thus nullify.

According to him, the order could force telephone companies to suspend the services of any customer who has not registered their telephone lines as required from April 15, and to shut down the service 90 days after the suspension. , if they have not yet registered. registered.

He recalls that prior to this new registration, any natural person must agree to be photographed, processed and stored his photographs, failing to be stopped following and deleted 90 days later.

He wants the court to compel telecommunications operators to delete and delete from their records and images of persons who have registered to use the telephone services, collected during the registration process.

Judge Hedwig Ong’udi described the case as “urgent” and ordered him to take care of CA and mobile phone carriers and court documents within seven days.

%d bloggers like this: