Milimani High Court Judge Justice John Mativo has barred the Communications Authority of Kenya from installing the controversial communication monitoring Device Management System. Justice Mativo ruled that the installation be suspended pending the hearing and determination of a case filed by activist Okiya Omtata.
Last week, Omtata moved to court seeking orders to stop the installation under the argument that the gadgets sought to snoop on Kenyans’ mobile phone devices. The court ruled that CAK or any person claiming to be their agent would not give effect to the decision contained in two letters dated 31st January and 6th February 2017.
In the suit, Omtata sought to have the decision in which CAK has set up dates the plugging of snooping device beginning tomorrow to be quashed. The activist argues that CAK’s arbitrary decision to spy on Kenyans violates both the law and the constitution.
According to the court documents, the Government of Kenya as from tomorrow wanted to be allowed to listen to calls, read text messages and review mobile money transactions involving the public. The activist argues that the right to privacy is entrenched in the Constitution and could not be limited without reference to article 24 of the Constitution.
Orange Telkom Kenya, Airtel Networks Kenya Limited and Safaricom Limited were listed as interested parties in the case. The case will be heard on March 6.