Gov’t appeals ruling blocking plan to spy on mobile phone users


mobile phones

In Summary

  • In the appeal, CA wants the court to set aside the judgement delivered by Justice John Mativo on April 19, 2018, and the petition at the High Court be dismissed.
  • The authority argued that the court erred in law by holding that the installation of the DMS system threatens to or violates the right to privacy of subscribers.
  • CA also accused the judge of creating his own case on behalf of Human Rights Activist Okiya Omtatah and adjudicating on it.

Communications Authority of Kenya (CA) has filed an appeal challenging a High Court decision suspending plans to spy on mobile phone users.

In the appeal, CA wants the court to set aside the judgement delivered by Justice John Mativo on April 19, 2018, and the petition at the High Court be dismissed.

The CA, through lawyer Wambua Kilonzo, says the judge erred in fact by failing to appreciate that there was an ongoing consultation process in regards to the Device Management System (DMS) between the regulator and the interested parties, further adding that the process had not been concluded.

The authority argued that the court erred in law by holding that the installation of the DMS system threatens to or violates the right to privacy of subscribers.

“The learned judge erred in law by making findings which were not supported by the evidence on record and by ignoring the uncontroverted position of the evidence adduced by the appellant in the High court,” said lawyer Wambua.

CA also accused the judge of creating his own case on behalf of Human Rights Activist Okiya Omtatah and adjudicating on it.

In April this year, Justice John Mativo granted the order suspending CA’s directive to mobile phone service providers to place gadgets in their transmission sites to monitor mobile phone use following an application by Omtatah.

This was after CA had written to mobile phone service providers Safaricom Limited, Airtel Networks Limited and Orange-Telkom Kenya to allow the tapping of their computers by planting a spy plant gadgets on all networks on Janurary 31 and February 6.

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