The Kenyan government has introduced new regulations requiring all mobile phone importers, including those importing for sale, testing, or research purposes, to register the International Mobile Equipment Identity (IMEI) number of each device as part of tax compliance measures. The Kenya Revenue Authority (KRA) will now require the inclusion of IMEI numbers in import documents, and the Communications Authority of Kenya (CA) will oversee the registration of devices in the National Master Database of Tax-Compliant Devices.
Retailers and wholesalers must ensure that they only sell mobile devices that are tax compliant, with the CA confirming that mechanisms will be in place to verify the tax compliance status of devices before purchase by retailers or end-users. Mobile network operators are also mandated to connect only devices that are verified as tax compliant via a whitelist provided by the authority. Non-compliant devices will be grey-listed, and users will be given a specific timeframe to regularise their status before the devices are blacklisted.
The new regulations, set to take effect from November 1, 2024, will apply to all devices imported or assembled in Kenya. However, devices already in use on mobile networks by October 31, 2024, will not be affected by the directive.
The move has sparked mixed reactions, particularly on social media, where concerns over privacy have been raised. Some users argue that the initiative goes beyond tax compliance and could be used as a tool for tracking citizens, describing it as an infringement on privacy rights.
The CA, which regulates Kenya’s ICT industry, telecommunications, cybersecurity, and more, has defended the new regulations as necessary to safeguard consumer safety, protect public interests, and secure the country’s telecommunications networks. In a similar directive issued earlier, the CA mandated that all dealers in Information, Communication, and Technology (ICT) equipment comply with approval processes before selling or distributing their products to ensure they meet both national and international standards.
Despite the concerns, the Kenyan government asserts that these measures will enhance tax collection and accountability in the country’s telecommunications sector, with far-reaching implications for the mobile device market and consumer protection.
