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COMMUNICATIONS AUTHORITY OF KENYA
V.
OKIYA OMTATA OKOITI & 8 OTHERS

(2020) JELR 103093 (CA)

Court of Appeal 24 Apr 2020 Kenya
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- The dispute arose from the Communications Authority of Kenya’s (CAK) proposal to install a Device Management System (DMS) on mobile network operators’ systems to combat counterfeit devices, SIM boxing, and related illegal activities; stak

Case Details

Suit Number:Civil Appeal 166 of 2018
Judges:Martha Karambu Koome, Daniel Kiio Musinga, William Ouko
Location:Nairobi
Other Citations:Communications Authority of Kenya v. Okiya Omtata Okoiti & 8 others [2020] eKLR

JUDGMENT OF THE COURT

[1] During the hearing, this appeal was consolidated with Civil Appeal No 167 of 2018 for purposes of hearing and determination as they both arise from the same judgment. The key issues before us for determination are; whether the proposed installation of the device called Mobile Management System (DMS) by the Communications Authority of Kenya (CAK) hereinafter referred variously also as the appellant would herald an error of public control and eavesdropping of peoples’ privacy by intercepting and recording of communication and mobile data; whether the appellant adequately engaged stakeholders or allowed public participation in the design and implementation of DMS; whether the dispute was taken to court prematurely, therefore an hypothetical question and whether the Judge misapprehended the mandate of the appellant.

[2] What triggered the dispute in this appeal was a series of letters by the appellant to the major stakeholders including the mobile network operators…

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