okiyapixActivists Okiya Omuata who is seeking to stop the controversial intended move by government to set up a system spying on Kenyans
By Sam Alfan.
Okiya Omuata has moved to court seeking to block Communication Authority of Kenya from installing Device Management System.
Omutata argues that Omutata government decision to set up a system spying on Kenyans is unconstitutional and therefore null and void.
If the move is implemented it was breach article 31 of the constitution.
Orange Telkom Kenya , Airtel Networks Kenya Limited and Safaricom Limited have been named as interested parties in the case.
He argues that the right to privacy is entrenched in the constitution and cannot be limited without reference to article 24 of the constitution.

Omtatah accused the CA of lying to Kenyans that the gadgets will only track fake equipment, arguing that there are existing laws being used by mobile network providers to detect fake phones.

The government on February 6 wrote to mobile telephone providers Safaricom Limited, Airtel Networks Limited and Orange-Telkom Kenya to allow the tapping of their computers by planting spying plant gadgets on all networks in the country.

The devices can access information stored by service providers and transacted on phone owned by individuals, including the times and dates of then communication, exact location of calls and duration of calls.

“There is already existing laws allowing the government to tap into a person phone through a court order. Although they claim the move is to track counterfeit devices, it is the Kenyans who will suffer by losing their privacy,” swore Omtatah.

He added that the authority had violated the law by resorting to implement the directive secretly without involving key stakeholders and members of the public to give their views.

Proceedings to resume  20th of February.

Source www. nairobitimez. com

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