BY SAM ALFAN.
Communication Authority of Kenya (CAK) has challenged high court decision barring installation of the controversial communication monitoring Device Management System (DMS) suspended.
The government now says that it has paid over 40 million shillings for the design supply and commissioning of the DMS system which amount cannot be recovered.
This was revealed in documents filed by Communication Authority of Kenya (CAK) before court of appeal seeking to have the high decision that quashed the DMS tender.
Through lawyer Wambua Kilonzo, CAK argues that if termination of the tender on plans to spy phones is not set aside, the communication Authority is in danger of losing an amount of over 40.3 million shillings being the payments already made to the Broadband Communications Networks Limited.
The commission further says that CAK may be liable up to a total amount of 209 million shillings being the contract price which amounts cannot be recovered even at the point of success of the appeal.
Under a certificate of urgency, Lawyer Kilonzo wants a decision by High court Judge John Mativo that barred it from installing the controversial communication monitoring Device Management System suspended.
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.
Judge 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.
