In Summary
  • Mr Omtatah had claimed that the directive issued by the Communications Authority of Kenya (CA) will infringe on privacy and is a violation of the Constitution.
  • Communications Authority of Kenya Director-General Francis Wangusi last week said a proliferation of illegal devices demanded the speedy implementation of the system.
  • CA has already awarded Broadband Communications Networks Ltd the tender to deliver, install, test, commission and maintain a device through which the project will be implemented.

A court has stopped the government’s plan to tap into private phone conversations which was set to begin on Tuesday.

High Court Judge John Mativo on Monday granted the orders following an application filed by activist Okiya Omtatah.

Mr Omtatah had claimed that the directive issued by the Communications Authority of Kenya (CA) will infringe on privacy and is a violation of the Constitution.

Justice Mativo directed that the temporary orders stopping the implementation of the directive will remain in force until the case is concluded. He also certified the application urgent and directed that it be heard on March 6.

The agency has already awarded Broadband Communications Networks Ltd the tender to deliver, install, test, commission and maintain a device through which the project will be implemented.

Mr Omtatah argued in his application that “CA’s arbitrary decision to spy on Kenyans through Broadband Communications Networks violates both the law and Constitution”.

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