BY SAM ALFAN.
Communication Authority of Kenya (CA) has challenged high court decision that blocked plans to spy on mobile phone users.
In the appeal Communications Authority of Kenya want the court to set aside the judgement delivered by Justice John Mativo on April 19 and the petition at the High court be dismissed.
Communications Authority of Kenya (CA) through Wambua Kilonzo want the court to set aside the judgement delivered by Justice John Mativo on April 19 and the petition at the High court be dismissed.
In the memorandum of appeal, CA says that Justice Mativo erred in law and fact by failing to hold that the petition before him was hypothetical.
They also claim the court erred in law by holding that the installation of the device management (DMS) system threatens to or violates the right to privacy of subscribers.
CA avers that the learned judge erred in fact by failing to appreciate that there was an ongoing consultation process in regards to the DMS between the regulator and the interested parties and further the process had not been concluded.
In April this year High Court stopped Communication Authority of Kenya (CAK) from implementing decision of planting spy plant gadgets on all networks.
Justice John Mativo also ruled decision by CAK to implement the DMS system Was adopted inconsistent with the provisions of the constitution adding that there was no public participation hence null and void. Court ruled that CAK Was obligated to craft and implement a meaningful program of public participation and stakeholders engagement in the process leading to the implementation of the system.
Justice John Mativo said the plan by the Communication Authority, to install spy gadgets, was adopted in a manner inconsistent with the Constitution.
On January 31 and February 6, CA wrote to mobile phone service providers Safaricom Ltd, Airtel Networks Ltd and Orange-Telkom Kenya to allow the tapping of their computers by planting spy plant gadgets on all networks.
