Court suspends tapping of mobile phones
The High court has temporarily suspended a decision by the Communication Authority of Kenya to install tapping devices on mobile phones.
Justice John Mativo further certified the matter as urgent and directed the parties to appear for inter- party hearing on the 6th of March this year.
“Pending hearing and determination of the case, a temporary order is hereby issued to the respondents prohibiting them, whether by themselves or any of their employees or agents or any other persons claiming to act under their authority, from proceeding to give effect in any way whatsoever to the Communication Authority of Kenya two letters dated 31st January 2017 and 6th February 2017, both references as CA/LCS/1600/Counterfeit Devices/Vol.11,” ruled Judge Mativo.
The petition was filed by Activist Okiya Omutata who said that the government’s decision to spy on Kenyans through Broadband Communications Networks Limited violates the constitution.
Omutata argues that the matter is extremely urgent as the move is set to commence on Tuesday, February 21st, 2017.
“The respondents have threatened Article 31 of the Constitution of Kenya by setting into motion a mechanism that will interfere with the right to freedom of conscience, religion, thought, belief and opinion,” reads the petition.
He argues that the right to privacy is entrenched in the constitution and cannot be limited without reference to Article 24 of the constitution.
He further claims that the government’s decision to set up a system to spy on Kenyans is unconstitutional and therefore null and void.
Orange Telkom Kenya, Airtel Networks Kenya Limited and Safaricom Limited have been named as interested parties in the case.
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